New Hampshire Supreme Court
27 N.H. 223 (1853)
While engaged in an altercation with Beach (plaintiff), Hancock (defendant) stepped into his office and brought out an unloaded gun, aimed it at Beach who was nearby, and pulled the trigger two times. Beach did not know that the gun was unloaded. Thereafter, Beach filed an action against Hancock for assault. The trial court held that Hancock’s conduct constituted an assault. Hancock appealed.
Rule of Law
Holding and Reasoning (Gilcrest, C.J.)
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