Waldron v. Tuttle
Superior Court of New Hampshire
This was a writ of error brought to reverse a judgment of ihe court of common pleas in this county. It appeared by the record of the proceedings in the court below that Waldron brought an action of assumpsit iismiust Tuttle founded on an account annexed to the writ for $3, being the fees of Waldron for the service of a warrant in the name of the state against one James Had-ley, and that the cause was tried upon the general issue.
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This was a writ of error brought to reverse a judgment of ihe court of common pleas in this county. It appeared by the record of the proceedings in the court below that Waldron brought an action of assumpsit iismiust Tuttle founded on an account annexed to the writ for $3, being the fees of Waldron for the service of a warrant in the name of the state against one James Had-ley, and that the cause was tried upon the general issue. The plaintiff in support of this issue on his part produced his book of accounts, in which a charge for the said service was duly made against the defendant and…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
The jury were instructed in this case in substance that a constable who at the request of an individual serves a v ;n rant issued in the name of the state upon the complaint of such individual has no remedy to recover any fees for his services against the preson so employing him even upon an express promise of such person to pay. And the question is whether this instruction to the jury was correct and legal ?
It is well settled that when a public agent acts in the line of his official duty, his contracts are public and not personal. But…
2Cases cited8 opinions
- Hodgson v. DexterSupreme Court of the United States · 1803
- Brown v. AustinMassachusetts Supreme Judicial Court · 1804
- Walker v. SwartwoutNew York Supreme Court · 1815
- Olney v. WickesNew York Supreme Court · 1820
- Boswell v. DingleyMassachusetts Supreme Judicial Court · 1808
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3Cited by6 opinions
- State v. RollinsSupreme Court of New Hampshire · 1987
- State v. MartineauSupreme Court of New Hampshire · 2002
- State v. TuftsSupreme Court of New Hampshire · 1875
- Robert Frese v. Gordon J. MacDonald, In his official capacity only as Attorney General of the State of New HampshireDistrict Court, D. New Hampshire · 2019
- Frese v. NH Attorney GeneralDistrict Court, D. New Hampshire · 2019
1 more not listed; retrieve them via the Exa API.