Heath v. West
Superior Court of New Hampshire
Trespass for taking and carrying away the plaintiff’s stud horse, alleged to be valuable as a stud, and to be kept for that purpose. The plaintiff proved that the horse was taken by G-. Bellows, one of the defendants, as alleged in the declaration.
Read the full summary
Trespass for taking and carrying away the plaintiff’s stud horse, alleged to be valuable as a stud, and to be kept for that purpose. The plaintiff proved that the horse was taken by G-. Bellows, one of the defendants, as alleged in the declaration. The defendants put in evidence a mortgage of the horse, dated January 12, 1850, signed by the plaintiff and one Hall, to secure their note of that date to said West for $75, and interest; and proved that Bellows acted by the direction of West, and that Hall was present at each of the two takings alleged, and assented to them. The mortgage describes…
1Opinion of the CourtBell, J.
If this action depended upon the reputation of the horse in question, if the existence and character of that reputation were material to be proved, in order to support the action, perhaps the evidence on that subject would be admissible. But the declaration states the grievance to be the taking and carrying away of a horse of a certain value, and then useful and used for a special purpose, which was defeated by the defendant’s wrongful act, to the special damage of the' plaintiff. Nothing is said or implied in the declaration as to the reputation of the horse, and of itself it was merely…
2Cases cited8 opinions
- Bool v. MixNew York Supreme Court · 1837
- Stafford v. RoofCourt for the Trial of Impeachments and Correction of Errors · 1827
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Roberts v. WigginSuperior Court of New Hampshire · 1817
3 more not listed; retrieve them via the Exa API.