Peaslee v. Dudley
Supreme Court of New Hampshire
Trover, for six tons of straw-board. Facts found by the court. July 18,1881, the plaintiff, at the request of the defendant, receipted to an officer for six tons of straw-board which had been attached on a writ against the defendant. He did not see the straw-board; and there was no agreement that he should have a lien on it as security for signing the receipt.
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Trover, for six tons of straw-board. Facts found by the court. July 18,1881, the plaintiff, at the request of the defendant, receipted to an officer for six tons of straw-board which had been attached on a writ against the defendant. He did not see the straw-board; and there was no agreement that he should have a lien on it as security for signing the receipt. Judgment having been recovered in the suit, an execution was taken out and placed in the hands of the same officer for collection. The officer seasonably demanded of the plaintiff the property mentioned in the receipt; and the…
1Opinion of the CourtCarpenter, J.
The question presented is of no practical importance. Time spent in considering it would be wasted. If upon examination it should be found that the action in its present form cannot be maintained, the plaintiff would be permitted to amend by filing r count in assumpsit. The facts upon which the rights of the parties depend having been fully tried and determined, there is no occasion for a further trial. The plaintiff may amend by adding a count for money paid (McDuffee v. Railroad, 52 N. H. 459, Buckminster v. Wright, 59 N. H. 153, and Merrill v. Perkins, 59 N. H. 343), and thereupon there…
2Cases cited2 opinions
- Merrill v. PerkinsSupreme Court of New Hampshire · 1879
- Buckminster v. WrightSupreme Court of New Hampshire · 1879
3Cited by8 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Hayes v. ColbySupreme Court of New Hampshire · 1889
- Trustees of Dartmouth College v. CameronSupreme Court of New Hampshire · 1913
- Dufton v. Mechanicks National BankSupreme Court of New Hampshire · 1948
- Prentiss v. New England Box Co.Supreme Court of New Hampshire · 1910
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