Clark v. Morse
Superior Court of New Hampshire
Trover for a horse, waggon and harness. It appeared in evidence, that prior to November, 1S36, the property in question belonged to one John C. Wadleigh— that it was, in that month, attached as his property, on a writ in favor of Noah Clark, and delivered by the officer to Amherst Coult,iwho gave a receipt for it, promising to return it— and that Coult, after retaining the property a week or fortnight, having obtained the assent of Wadleigh that he might sell if he could get…
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Trover for a horse, waggon and harness. It appeared in evidence, that prior to November, 1S36, the property in question belonged to one John C. Wadleigh— that it was, in that month, attached as his property, on a writ in favor of Noah Clark, and delivered by the officer to Amherst Coult,iwho gave a receipt for it, promising to return it— and that Coult, after retaining the property a week or fortnight, having obtained the assent of Wadleigh that he might sell if he could get the value at which it was estimated in the receipt, sold it to the plaintiff,.Richard S. Clark, at that price. The…
1Opinion of the CourtParker, C. J.
The first question is, whether Coult, the receipter, had power, with the assent of Wadleigh, the owner of the property, to sell that property, and pass a valid title to the plaintiff. On this question we see no cause to doubt.
The attachment of the property created a lien upon it, for the satisfaction of such judgment as the plaintiff in that suit might recover, and the officer held it for the purpose of being thus applied in discharge of the judgment; or, in case the plaintiff’ should fail in his suit, or should neglect to levy his execution, then to be returned to Wadleigh, the defendant in…
2Cases cited2 opinions
- Coburn v. PickeringSuperior Court of New Hampshire · 1826
- French v. HallSuperior Court of New Hampshire · 1838
3Cited by3 opinions
- Seavy v. DearbornSuperior Court of New Hampshire · 1849
- Kendall v. FittsSuperior Court of New Hampshire · 1850
- Morse v. PowersSuperior Court of New Hampshire · 1845