Hilton v. Burley
Superior Court of New Hampshire
In assumpsit on an account annexed for liquor sold by retail to a ” townsman,” though the defendant plead the general issue ; yet the plaintiff cannot, under our statute of June 14th, 1791, recover more than twenty shillings. An item, also, “ for rent,” without some description of the premises and the length of the occupation, cannot be recovered.
Read the full summary
In assumpsit on an account annexed for liquor sold by retail to a ” townsman,” though the defendant plead the general issue ; yet the plaintiff cannot, under our statute of June 14th, 1791, recover more than twenty shillings. An item, also, “ for rent,” without some description of the premises and the length of the occupation, cannot be recovered. Nor can a general credit on such aw account be applied, at the trial exclusively to the payment of the liquor over twenty shillings in value, or to the payment of the rent. When a debtor makes a payment, without directing to what claim it shall…
1Opinion of the CourtWoodbury, J.
Our statute of June 14th, 1791, provides, “ that no taverner shall be entitled to recover more than “ twenty shillings on any account for spirituous liquors, sold “ to any inhabitant of the town or place, and drank in such “ taverner’s house ; notwithstanding such taverner may, on “ the trial, prove the sale and delivery of spirituous liquors “ to more than that value and amount.”(l)
It was admitted, that a portion of the items in the account annexed was for liquor so “ sold” and “ drank”; but the plaintiff, in answer to this objection, insisted, that the statute should have been specially…
2Cases cited1 opinion
- Day v. HulburtMassachusetts Supreme Judicial Court · 1846
3Cited by3 opinions
- Caldwell v. WentworthSuperior Court of New Hampshire · 1843
- Kidder v. NorrisSuperior Court of New Hampshire · 1847
- Livermore v. RandSuperior Court of New Hampshire · 1852