NATIONAL SHAWMUT BANK v. CUTTER

No. 5132.

105 N.H. 206 (1963)

NATIONAL SHAWMUT BANK v. ELLEN JANE CUTTER & a.

Supreme Court of New Hampshire.

Decided December 30, 1963.


Attorney(s) appearing for the Case

Burns, Bryant & Hinchey and E. Paul Kelly (Mr. Kelly orally), for the plaintiff.

Fuller, Flynn & Powell and Thomas M. Dudley, Jr. (Mr. Dudley orally), for the defendants.


KENISON, C.J.

Since there was a verdict for both defendants in the replevin action, they claim that they are entitled to damages under the replevin bond as a matter of law. There was authority for this view in Kendall v. Fitts, 22 N.H. 1, 9, 10, where the rule was laid down as follows: "In the action of replevin, damages should always be assessed, whether the verdict be for the plaintiff or defendant. If the...

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