Spencer v. St. Clair
Supreme Court of New Hampshire
From Grafton Circuit Court. Assumpsit, to recover the sum of $300. The counts are general. Plea, the general issue. The plaintiff filed a specification in which he claimed to recover the following items of account:— 1872. Sept. 4, To three saws. .............. $12.00 lot of floor and other boards 8.00 “ old iron............ 5.00 3,000 feet of lumber....... 30.00 lot of wood............... 9.00 1873. Jan. 17, To hire and use of before named, and other personal property, from…
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From Grafton Circuit Court. Assumpsit, to recover the sum of $300. The counts are general. Plea, the general issue. The plaintiff filed a specification in which he claimed to recover the following items of account:— 1872. Sept. 4, To three saws. .............. $12.00 lot of floor and other boards 8.00 “ old iron............ 5.00 3,000 feet of lumber....... 30.00 lot of wood............... 9.00 1873. Jan. 17, To hire and use of before named, and other personal property, from September 9, 1872, up to the date of the plaintiff’s writ....................... 20.00 To rent, use, and occupation of…
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. Here was a contract between the defendant on the one part, and the plaintiff and his wife Mahala on the other part. In point of fact, however, it was in substance a contract for the sale of her property to the defendant. It appears from the case that the real estate was the separate property of the wife, was to be conveyed by their deed, and that the husband has become a party, most probably under the idea that it was safer to have his security, as well as his wife's, on the bond, — but, whether considered as the contract of the wife, or the contract of the husband…
2Cases cited3 opinions
- Cook v. GilmanSupreme Court of New Hampshire · 1857
- Evans v. GaleSuperior Court of New Hampshire · 1850
- Winkley v. FoyeSuperior Court of New Hampshire · 1854