Brown v. Whipple
Supreme Court of New Hampshire
Assumpsit, for not accepting lumber. Verdict for the plaintiff: motion of the defendant for a new trial. As evidence of the memorandum required by the statute of frauds, tho plaintiff introduced, subject to exception, a letter written' and signed by the defendant, a memorandum written by the defendant, and a letter written and signed by the plaintiff. The Defendant’s Letter.
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Assumpsit, for not accepting lumber. Verdict for the plaintiff: motion of the defendant for a new trial. As evidence of the memorandum required by the statute of frauds, tho plaintiff introduced, subject to exception, a letter written' and signed by the defendant, a memorandum written by the defendant, and a letter written and signed by the plaintiff. The Defendant’s Letter. “ Lancaster, Dec. 21,1867. “ J. B. Brown, Esq.: “Dear Sir: Can you get 20 M. feet maple, the best quality,®the coming winter, saw it in the spring (or winter), and deliver it at the depot at your place in July next ? If…
1Opinion of the CourtDob, C. J.
When one document refers to another, the latter is, for the purpose of siich reference, incorporated with the former. 1 Starkie Ev. 359 (p. 580 of 4th Eng. ed.); Simons v. Steele, 36 N. H. 73, 83; Church v. Brown, 21 N. Y. 315, 330-334. A list of taxes may, by annexation and reference, be made a part of a tax-collector’s warrant. Bailey v. Ackerman, 54 N. H. 527. In Tallman v. Franklin, 14 N. Y. 584, it was held that a document was made a part of a memorandum by being fastened to it by a pin before the memorandum was signed, a blank column of the memorandum being headed “ Terms of sale,” and…
2Cases cited5 opinions
- Williams v. MorrisSupreme Court of the United States · 1877
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853
- Church v. . BrownNew York Court of Appeals · 1860
- Tallman v. . FranklinNew York Court of Appeals · 1856
3Cited by5 opinions
- Atto v. SaundersSupreme Court of New Hampshire · 1915
- McDonald v. FernaldSupreme Court of New Hampshire · 1894
- Chellis v. GrimesSupreme Court of New Hampshire · 1903
- Maisch v. CobbSupreme Court of New Hampshire · 1911
- Laforme v. BradleySupreme Court of New Hampshire · 1913