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59 N.H. 562

Cutting v. Tappan

Supreme Court of New Hampshire

Decided June 5, 1880

Supreme Court of New Hampshire · decided 1880-06-05

Trover, for a horse attached by the defendant, and claimed by the plaintiff as exempt. Facts found by a referee. Before February 10, 1879, the plaintiff used the horse in his staging business between New London and Bradford. February 9, he abandoned that business, and determined to seek other occupation.

Cited by 3 later decisions — most recently May 1923

3 state decisions

Relies on Somers v. Emerson

Good law ✅— No negative treatment on recordhow we know

Decided 1880-06-05

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Doe, C. J.

¶1 The question is, whether the horse at the time of its attachment was required for the plaintiff’s actual use. G. L., c. 224, s. 2, § 12. On this question of fact there is evidence to be considered by the referee. Somers v. Emerson, 58 N. H. 48; Rice v. Wadsworth, ante 100; George v. Fellows, ante 206.

¶2 Report recommitted.

Foster, J., did not sit: the others concurred.
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