59 N.H. 205 | N.H. | 1879
The horse was exempt from attachment. It was never in the plaintiff's possession. It has, since the receipt was given, remained in the debtor's possession. The plaintiff is not answerable to the debtor, and he is only answerable to the creditor when the property is subject to attachment. The liability of the defendant to the creditor is no greater than that of the plaintiff. The defendant is merely the bailee of the plaintiff. He is responsible for the safe-keeping and return of the property to the officer upon demand, and upon default in damages to the amount of the judgment, not exceeding the attachable interest of the debtor in the property. Hill v. Wiggin,
It is claimed that when C. procured the defendant to receipt, he waived his right of exemption, and that the defendant cannot now be allowed to object that the horse was not attachable. It is open to the receiptor to show, under some circumstances, that the property receipted for was his own, and his title will constitute a good defence. Clement v. Little,
Judgment for the defendant.
ALLEN and SMITH, JJ., did not sit: the others concurred.