Evans v. Gale
Superior Court of New Hampshire
Assumpsit, to recover $12.50 alleged to have been paid by the plaintiff to the defendant without consideration. The facts appear in the deposition of Hanson Evans, who testified, in substance, that his father, the plaintiff, having received a notice from an attorney that a demand had been lodged with him for collection, directed the witness to go and inquire what it was, and, if possible, to settle it, and gave him $5 to enable him to do so.
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Assumpsit, to recover $12.50 alleged to have been paid by the plaintiff to the defendant without consideration. The facts appear in the deposition of Hanson Evans, who testified, in substance, that his father, the plaintiff, having received a notice from an attorney that a demand had been lodged with him for collection, directed the witness to go and inquire what it was, and, if possible, to settle it, and gave him $5 to enable him to do so. Upon inquiry, he learned from the attorney that the defendant was the holder of a note for about $15, made by one Knight, payable to the plaintiff, or…
1Opinion of the CourtGilchrist, J.
The plaintiff in this action having a note'against one Knight, deemed of at least doubtful solvency, sold ‘ it to Sleeper, from whom it passed to the' defendant. He placed it in the hands of Mr. Fogg, his lawyer, who, in the prosecution of what he deemed his' duties, called upon the plaintiff, as the indorser, to pay it. This the latter was not bound to do, but through the agency of his son, to whom he appears to have communicated somewhat general and undefined powers, yielded to the claim that was made, and by paying a sum of money a little less than the face of the note, took it up, and…
2Cases cited5 opinions
- Luey v. BundySuperior Court of New Hampshire · 1838
- Shepherd v. TempleSuperior Court of New Hampshire · 1826
- Chase v. MoreySuperior Court of New Hampshire · 1818
- Harris v. DavisSuperior Court of New Hampshire · 1818
- Holden v. CurtisSuperior Court of New Hampshire · 1819