Clough v. Giles
Supreme Court of New Hampshire
Appeal, from the police court of Concord. Issue between the plaintiff and the claimant. Facts found by the court. Prior to the service of the writ on the trustees, the defendant had been at work for them under a contract to do a piece of grading for $50. No time was limited in which the grading was to be completed, but it was done at the time the writ was served.
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Appeal, from the police court of Concord. Issue between the plaintiff and the claimant. Facts found by the court. Prior to the service of the writ on the trustees, the defendant had been at work for them under a contract to do a piece of grading for $50. No time was limited in which the grading was to be completed, but it was done at the time the writ was served. After Giles had worked five days, he made an order or assignment for the $50, as follows: “West Concord, N. H., June 15, 1885. “ Mr. Hun ton & Anderson: “Please pay E. S. Nutter fifty dollars for grading. John B. Giles.” This order…
1Opinion of the CourtAllen, J.
The promise by the trustees to pay the contract price for the labor to the claimant, after the completion of the contract and the money was due, gave the claimant a right of action in his own name against the trustees. Boyd v. Webster, 58 N. H. 336. The money being earned, the debt was due, and was transferred from the defendant to the claimant, and there was a novation of parties and debt. The promise being to pay a debt already due completed the assignment, which, taking effect at the time of the promise, could not be one of wages to be earned; and the statute making invalid against the…
2Cases cited1 opinion
- Boyd v. WebsterSupreme Court of New Hampshire · 1878
3Cited by2 opinions
- Honolulu Construction & Draying Co. v. Terrace Developers, Ltd.Hawaii Supreme Court · 1964
- In re Fuller & BennettDistrict Court, S.D. West Virginia · 1907