Warren v. Batchelder
Superior Court of New Hampshire
Assumpsit for money had and received. The action was brought on the 4th day of September, 1848, and was tried upon the general issue. The plaintiff filed a specification under his general count, in which he stated that he claimed the right to recover the sum of $23.22, for money received by the defendant on or about the lOtb day of October, 1839, with interest from that time, to the use of the plaintiff.
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Assumpsit for money had and received. The action was brought on the 4th day of September, 1848, and was tried upon the general issue. The plaintiff filed a specification under his general count, in which he stated that he claimed the right to recover the sum of $23.22, for money received by the defendant on or about the lOtb day of October, 1839, with interest from that time, to the use of the plaintiff. The above sum was the amount of the debt and cost of a judgment recovered by the plaintiff in the court of common pleas at the March term, 1840, against one William Dow. The plaintiff…
1Opinion of the CourtGilchrist, J.
Tbe defendant owed Dow, and Dow owed tbe plaintiff. Tbe defendant and Dow agreed that tbe defendant should pay Dow’s debt to tbe plaintiff, and Dow left money in tbe defendant’s bands for that purpose. Tbe plaintiff was not a party to this arrangement, but subsequently made a demand upon tbe defendant, that be should pay tbe plaintiff tbe amount of bis debt against Dow. These are, shortly, tbe facts in tbe case ; and upon them two questions arise ; firstly, whether the plaintiff can maintain any action against tbe defendant; and, secondly, whether an action for money bad and received will he,…
2Cases cited4 opinions
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Butterfield v. HartshornSuperior Court of New Hampshire · 1834
- Heaton v. AngierSuperior Court of New Hampshire · 1835
- Holly v. RathboneNew York Supreme Court · 1811
3Cited by1 opinion
- Burgess v. QueenSupreme Court of New Hampshire · 1983