Perkins v. Thompson
Superior Court of New Hampshire
Trover for two horses. The cause was submitted to the decision of the court, upon the following facts : One Ji. II- Stinson, at October term of this court, ⅛ the county of Hillsborough, 1822, recovered judgment against Perkins for $67,90, debt, and $26,44, costs of suit; upon which judgment an execution issued, and was delivered to the defendant, a deputy sheriff, who in July, 1823, seized the horses, by virtue of the execution, and sold them ; one of them being purchased,…
Read the full summary
Trover for two horses. The cause was submitted to the decision of the court, upon the following facts : One Ji. II- Stinson, at October term of this court, ⅛ the county of Hillsborough, 1822, recovered judgment against Perkins for $67,90, debt, and $26,44, costs of suit; upon which judgment an execution issued, and was delivered to the defendant, a deputy sheriff, who in July, 1823, seized the horses, by virtue of the execution, and sold them ; one of them being purchased, through the agency of a friend, by Thompson himself. Previous to the said sale of the horses, and while the said…
1Opinion of the Court
Richardson C. J.
delivered the opinion of the court.*
*145It is unnecessary to decide, in this case, whether this action could have been maintained, if the defendant had improperly refused to set off one of the executions mentioned in the statement against the other ; because we are of opinion, that he rightly refused to make the set-off. It is agreed, that one of the executions had been bona fide, and for a valuable consideration, assigned to another person ; and in such a case, it is clear, that the plaintiff was not entitled to have one of the executions set off against the other. 1 N. H. Laws,…
2Cases cited1 opinion
- Currier v. GreenSuperior Court of New Hampshire · 1820
3Cited by5 opinions
- North v. CrowellSuperior Court of New Hampshire · 1840
- Brackett v. TillotsonSuperior Court of New Hampshire · 1827
- Hill v. LoomisSuperior Court of New Hampshire · 1833
- Holton v. SmithSuperior Court of New Hampshire · 1835
- Remick v. ButterfieldSuperior Court of New Hampshire · 1855