Morse v. Woods
Superior Court of New Hampshire
Assumpsit for money had and received. The cause was tried upon the general issue, at May term, 1830, when it appeared in evidence, that one Robert Barnet, having delivered a note for $21, payable to himself in whiskey, and made by one Rufus How to Abel Wells, to be collected, and having taken the receipt of Wells to account for the same note, sometime previous to the year 1816 delivered the same receipt to the plaintiff to secure the payment of an execution, which had issued…
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Assumpsit for money had and received. The cause was tried upon the general issue, at May term, 1830, when it appeared in evidence, that one Robert Barnet, having delivered a note for $21, payable to himself in whiskey, and made by one Rufus How to Abel Wells, to be collected, and having taken the receipt of Wells to account for the same note, sometime previous to the year 1816 delivered the same receipt to the plaintiff to secure the payment of an execution, which had issued on a judgment for $44,43, rendered in favor of the plaintiff, against said Barnet, in the year 1810. How, removed to…
1Opinion of the CourtRichardson, C. J.
Barnet, by placing the receipt of Wells in the hands of the plaintiff, made How’s noté a pledge for the payment of the judgment, .and Morse is now entitled to recover of the defendant the sum the latter received of Wells, unless by causing Barnet to be committed for the debt, for which the note was pledged, he must be considered as having elected to abandon the pledge. 8 Johns. 96, Brown v. Bemens ; 1 B. & P. 398, Roberts v. Eden; 10 Johns. 471, M'Lean v. Walker; 2 Vesey, Jr, 378 ; 5 Johns. 258, Garlick v. James; 2 Johns. C. R. 100 ; 2 Caine’s Cases, 200, Cortelyou v. Lansing ; 1 *300Equity Cases…
2Cases cited4 opinions
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Barrow v. PaxtonNew York Supreme Court · 1810
- M'Lean v. WalkerNew York Supreme Court · 1813
- Smock v. HendersonIndiana Superior Court · 1872
3Cited by3 opinions
- Mauldin, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1848
- Caldwell v. WentworthSuperior Court of New Hampshire · 1843
- Livermore v. RandSuperior Court of New Hampshire · 1852