Messer v. Swan
Superior Court of New Hampshire
This was an action of assumpsit for money paid, laid out and expended by the plaintiff, for the use of the defendant, in which judgment was rendered for the plaintiff, at May term, 1825, for $89 damages, and $19,53 costs. And now, upon a review of the action brought by Swan, the cause was submitted to the decision of the court upon the following facts.
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This was an action of assumpsit for money paid, laid out and expended by the plaintiff, for the use of the defendant, in which judgment was rendered for the plaintiff, at May term, 1825, for $89 damages, and $19,53 costs. And now, upon a review of the action brought by Swan, the cause was submitted to the decision of the court upon the following facts. Rodney Carr, as principal, and Messer, Swan, and Amos Gould, as sureties, made their promissory note for $500, dated October 22, 1823, and payable to the Windsor Bank in ninety days, with interest after ; which note was discounted at said bank…
1Opinion of the Court
*485The opinion of the court was delivered by
Richardson, C. J.
It is not disputed in this case, that the plaintiff is entitled to judgment against the defendant, but the controversy between the parties is, as to the amount of the sum, for which judgment ought to be rendered. On the former trial the plaintiff recovered $89, being one third of the sum paid to the Windsor bank, and interest. It is now contended, on behalf of the defendant, that the plaintiff is entitled to recover only one sixth part of the amount paid to the bank, and interest, because one half the sum thus paid to the bank was…
2Cases cited1 opinion
- Pearson v. ParkerSuperior Court of New Hampshire · 1826
3Cited by1 opinion
- Bailey v. WoodsSuperior Court of New Hampshire · 1845