Abbott v. First Universalist Society
Superior Court of New Hampshire
Assumpsit, -upon a promissory note, as follows: “ Bath, Septr. 28, 1847. We, the committee of the First Universalist Society, in Bath, N. H., jointly and severally promise to pay A. R. Abbott forty-one dollars and eighteen cents, with interest, for his services as pastor of said society. Ira Walker, Joseph Fifield.” INDORSEMENTS.
Read the full summary
Assumpsit, -upon a promissory note, as follows: “ Bath, Septr. 28, 1847. We, the committee of the First Universalist Society, in Bath, N. H., jointly and severally promise to pay A. R. Abbott forty-one dollars and eighteen cents, with interest, for his services as pastor of said society. Ira Walker, Joseph Fifield.” INDORSEMENTS. “ Society note,.................................$41,18 Nov. 10, 1847. Received on the within,........... 10,00 Mar. 10. 1848. Received on the within,........... 11,00 May 80, 1848. Received on the within, ...... 7,00.” There was a count for money had and received,…
1Opinion of the CourtGilchrist, C. J.
The ruling as to the admissibility of the note under the first and second counts, was correct. The action was against the First Universalist Society. The evidence shows a promise by two persons, who describe themselves as the committee of the First Universalist Society. The committee may be holden, in some cases, where the society is not holden, and we cannot say that the committee and the society are identical, so that a promise by one is, in its legal effect, a promise by the other.
As to the third count for services rendered, if B. owes A. and C., without any consideration and without…
2Cases cited1 opinion
- Latham v. KennistonSuperior Court of New Hampshire · 1842