Bond v. Tucker
Supreme Court of New Hampshire
Trespass, against the defendant, a deputy sheriff, for taking on a writ against tlie plaintiff, beef and other meats claimed to be exempt from attachment. The plaintiff is a dealer in meats, buying at wholesale and selling from his cart at retail. The meats in question were bought by him for the purpose of selling them, and at the time when they were taken he was engaged in selling and offering them for sale.
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Trespass, against the defendant, a deputy sheriff, for taking on a writ against tlie plaintiff, beef and other meats claimed to be exempt from attachment. The plaintiff is a dealer in meats, buying at wholesale and selling from his cart at retail. The meats in question were bought by him for the purpose of selling them, and at the time when they were taken he was engaged in selling and offering them for sale. He intended to sell all, and had they not been seized would have sold all, if he could. Whatever part of them he could not sell he intended to consume in his family. Including the meats,…
1Opinion of the CourtAllen, J.
The meat which the plaintiff; claims was exempt from attachment as a part of his “ provisions ” was purchased and kept by him, not to be consumed as, provisions for his or his family’s support, but to be sold in his business of a meat and provision dealer, and, at the time of the attachment, he was engaged in selling it as a part of his stock in trade.
Though the exemption statute (G. L., o. 224, s. 2) does not in terms limit the “ provisions ” exempted to articles of food provided for family use and consumption, a reference to other parts of the same statute shows that it was not intended to…
2Cases cited1 opinion
- Atwood v. DeForestSupreme Court of Connecticut · 1849
3Cited by3 opinions
- First National Bank of Wahoo v. PlihalDistrict Court, D. Nebraska · 1989
- In Re GlimcherUnited States Bankruptcy Court, D. Arizona · 2011
- Moore & Hill v. BucklerCourt of Appeals for the D.C. Circuit · 1916