44 A. 304
Supreme Court of New Hampshire Merrimack.
Decided December, 1894.
TRESPASS, with a count in trover, for the plaintiff’s crops, attached in a suit against him by the defendant as a deputy sheriff, the greater part of which were destroyed without the defendant’s fault, and the
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remainder sold by the defendant on the writ. The crops when attached were growing, and were harvested by the defendant at a reasonable expense, which was more than the value of the portion sold. Judgment having been ordered for the defendant, the plaintiff excepted, and moved to amend by inserting a count in assumpsit.
Harry G. Sargent, for the plaintiff.
Sylvester Dana and Bingham Mitchell, for the defendant.
WALLACE, J.
Tort cannot be maintained. A majority of the court are of the opinion that justice does not require the allowance of the amendment.
Exceptions overruled.
CLARK, J., did not sit.