Kidder v. Kidder
Supreme Court of New Hampshire
Assumpsit, by Joseph Kidder against Uriah H. Kidder, for money paid, etc. Plea, the general issue. It appeared that, on November 10, 1866, the plaintiff and the defendant purchased together a piece of land in New Jersey for $700, and took a deed of it running to them jointly.
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Assumpsit, by Joseph Kidder against Uriah H. Kidder, for money paid, etc. Plea, the general issue. It appeared that, on November 10, 1866, the plaintiff and the defendant purchased together a piece of land in New Jersey for $700, and took a deed of it running to them jointly. At the request of the defendant the plaintiff subsequently paid, at different times, the whole of the purchase-money, it being understood that in doing so he was advancing one half, or $350 of it, for the defend'ant. The defendant offered to prove, that, some time after the New Jersey land was conveyed to him and the…
1Opinion of the CourtFoster, J.
By the payment of the entire price of the Now Jersey property, the defendant became indebted to the plaintiff for one half of the amount so paid. The agreement made after that debt was created was executory, and could only operate to discharge the debt, by way of accord and satisfaction ; and to have that effect there must not only be an accord, but a satisfaction. Clark v. Dinsmore, 5 N. H. 186; Rochester v. Whitehouse, 15 N. H. 473; Ranlet v. Moore, 21 N. H. 336; Woodward v. Miles, 24 N. H. 293, and cases cited; Green v. Davis, 41 N. H. 71; Amoskeag Bank v. Robinson, 44 N. H. 506; Carey v.…
2Cited by1 opinion
- John Harrison v. Vernon C. Gooden, Appeal of Robert E. HincheyCourt of Appeals for the First Circuit · 1971