People's Trust Co. v. Merrill
Supreme Court of New Hampshire
Assumpsit, to recover upon a promissory k note for $250 dated January 6, 1915, signed Merrill & Co., payable to the order of S. B. Withington and by him endorsed. After the decision in this case, reported ante, 329, the plaintiffs filed a bill in equity against the defendants, in aid of and as an amendment to their suit at law, and by leave of court , amended the writ by making Sidney B. Withington plaintiff and by adding a count for goods sold and delivered.
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Assumpsit, to recover upon a promissory k note for $250 dated January 6, 1915, signed Merrill & Co., payable to the order of S. B. Withington and by him endorsed. After the decision in this case, reported ante, 329, the plaintiffs filed a bill in equity against the defendants, in aid of and as an amendment to their suit at law, and by leave of court , amended the writ by making Sidney B. Withington plaintiff and by adding a count for goods sold and delivered. The following facts were found by the court: The note in suit is a renewal of a note received by Withington in payment of the purchase…
1Opinion of the CourtParsons, C. J.
Since the decision in this case, ante, 329, the plaintiffs have been permitted to amend by making S. B. Withing-ton plaintiff. As the case now stands, the action is to recover the purchase price of a horse, the note given therefor being held by the People’s Trust Co. only as collateral to a debt of Withington’s to them. Upon the evidence it could be found the horse was sold to the defendant Anna upon her promise to pay therefor and that she has accepted the horse by using it in her business. She is liable on such a contract. P. S., c. 176, s. 2. Orr v. Merrill, ante, 175.
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2Cases cited9 opinions
- Hall v. ButterfieldSupreme Court of New Hampshire · 1879
- Clough v. RussellSupreme Court of New Hampshire · 1875
- Bartlett v. BaileySupreme Court of New Hampshire · 1879
- Kimball v. KimballSupreme Court of New Hampshire · 1909
- Noyes v. HemphillSupreme Court of New Hampshire · 1879
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3Cited by1 opinion
- Makowiec v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1929