Metcalf v. Gilmore
Supreme Court of New Hampshire
Assumpsit. Facts found by the court. In the summer of 1854 the plaintiff and the defendant agreed to buy*land on joint account at tlie sale of the Fort Snelliug Reservation, then expected to take place in September of that year, each to furnish $10,000 for that purpose.
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Assumpsit. Facts found by the court. In the summer of 1854 the plaintiff and the defendant agreed to buy*land on joint account at tlie sale of the Fort Snelliug Reservation, then expected to take place in September of that year, each to furnish $10,000 for that purpose. In pursuance of this agreement, Metcalf delivered to Gilmore $10,000 ($7,000 in gold, $2,900 in Eastern exchange, and $200 in Eastern bank bills), for which Gilmore gave a receipt dated September 19, 1854. Late in September the expected sale was postponed indefinitely. October 2, 1854, Gilmore having $10,000 in gold of his…
1Opinion of the CourtCarpenter, J.
Gilmore, without authority, loaned $3,000 of Metcalf’s money to Horsman at 15 per cent, interest. Metcalf subsequently ratified the loan, the full amount of which was ultimately paid to Gilmore, who remitted to Metcalf a little more than the principal sum with 10 per cent, interest. The present suit is brought to recover the difference. In 1870, Gilmore, claiming that Metcalf had not ratified the loan to Horsman, and was therefore entitled to receive only the sum of $3,000 with interest at 10 per cent., brought a suit against Metcalf in Illinois to recover back about $38 which he had paid to…
2Cases cited5 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Secor v. . SturgisNew York Court of Appeals · 1858
- President of the Bank of Alabama v. DaltonSupreme Court of the United States · 1850
- Millard v. Missouri, Kansas & Texas RailroadNew York Court of Appeals · 1881
3Cited by11 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- Hopps v. Utica Mutual InsuranceSupreme Court of New Hampshire · 1985
- Caouette v. Town of New IpswichSupreme Court of New Hampshire · 1984
- Lovejoy v. AshworthSupreme Court of New Hampshire · 1946
- McAllister v. ElliotSupreme Court of New Hampshire · 1928
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