Boyd v. Webster
Supreme Court of New Hampshire
Assumpsit, to recover a balance due on account. The plaintiff is described in the writ as doing business under the name of Samuel Boyd & Co., and as surviving partner of the firm of Boyd, Corey & Co., composed of himself and. one Thomas Corey, deceased.
Read the full summary
Assumpsit, to recover a balance due on account. The plaintiff is described in the writ as doing business under the name of Samuel Boyd & Co., and as surviving partner of the firm of Boyd, Corey & Co., composed of himself and. one Thomas Corey, deceased. The declaration is general, and a new count was added, alleging that the defendant was indebted to the plaintiff under the name and style of Samuel Boyd & Co. The action was referred at the October term, 1875, without objection by either party. The referee reported $497.62 due the plaintiff, and the following facts. From December, 1872, to…
1Opinion of the CourtSmith, J.
Among the assets which the plaintiff took from the firm of Boyd, Corey, Ahl & Co., was the balance due them from the defendant upon the unsettled account between the parties. This was in effect the assignment of a chose in action ; and the subsequent dealings between the plaintiff and the defendant are evidence of an assent by the latter to the assignment, and of a promise on his part to pay whatever was due, sufficient to enable the plaintiff to maintain an action upon it. The referee has found that the defendant did so promise, and the reported facts show that he was warranted in so…
2Cited by3 opinions
- Clough v. GilesSupreme Court of New Hampshire · 1886
- Boyd v. WebsterSupreme Court of New Hampshire · 1879
- Thompson v. Milan Steam Mill Co.Supreme Court of New Hampshire · 1882