Smith v. Lewiston Steam Mill
Supreme Court of New Hampshire
Assumpsit, for logs sold and delivered. Facts found by a referee. In the winter of 1879 — 80 the plaintiff delivered logs to the defendants under a contract which required the agreed price to be paid one half May 1, one fourth September 1, and one fourth November 1, 1880. In March, 1880, the plaintiff and the defendants agreed that $1,829.50, a part of the price, should be paid by the defendants to a third person, W. S. S., in discharge of his claim for stumpage.
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Assumpsit, for logs sold and delivered. Facts found by a referee. In the winter of 1879 — 80 the plaintiff delivered logs to the defendants under a contract which required the agreed price to be paid one half May 1, one fourth September 1, and one fourth November 1, 1880. In March, 1880, the plaintiff and the defendants agreed that $1,829.50, a part of the price, should be paid by the defendants to a third person, W. S. S., in discharge of his claim for stumpage. At the date of the writ, October 7, 1880, a part of the price being due and unpaid, the plaintiff obtained security therefor by…
1Opinion of the CourtAllen, J.
When the suit was commenced, October 7, 1880, there was no defence. The payment since made by the defendants to a third person has no more effect as a defence than it would have if made to the plaintiff. When the money passed from the defendants, at the plaintiff’s request, to a person authorized by the plaintiff to receive it, the delivery operated, between the plaintiff and the defendants, as if made to the plaintiff in partial extinguishment of the debt incurred by the defendants’ purchase of the logs. Saund. Pl. & Ev. 632; Partridge v. Dartmouth College, 5 N. H. 286. For the purposes of…
2Cases cited2 opinions
- Field v. HollandSupreme Court of the United States · 1810
- Stamford Bank v. BenedictSupreme Court of Connecticut · 1843
3Cited by3 opinions
- McKeen v. CookSupreme Court of New Hampshire · 1905
- Ford Bros. v. Frederick M. Ward Co.Supreme Court of Connecticut · 1928
- Hollman v. Exeter Banking Co.Supreme Court of New Hampshire · 1970