Kimball v. Bellows
Superior Court of New Hampshire
Assumpsit. There were originally six counts in the declaration. The first was on a note of February 12th, 1830, for $1217.04, payable to Wareham Morse, the plaintiff’s intestate, or order, on demand and interest. The second, for f;5000, money had and received.
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Assumpsit. There were originally six counts in the declaration. The first was on a note of February 12th, 1830, for $1217.04, payable to Wareham Morse, the plaintiff’s intestate, or order, on demand and interest. The second, for f;5000, money had and received. The third alleged that the defendant, on the 31st of July, 1817, bound himself by deed to W. C. Hall, and Charles and David Churchill, under the name and firm of C. & D. Churchill; and to Sylvester and Leonard Pulsifer, under the name and firm of S. & L. Pulsifer, to pay them respectively fifty per cent, on all sums due to them from one…
1Opinion of the Court
Upham, J.*
The' defendant in this case contends, if he is liable at all, he is liable only on a contract relating to the assignment, release, or discharge of the several claims held against him by his creditors in Connecticut; and that unless these entire claims are taken up, the plaintiff is not entitled to recover.
It is objected, that evidence tending to show that William Cooper was one of the Connecticut creditors, was improperly rejected by the court, and that the verdict is therefore erroneous. This evidence consisted in two counts in the original declaration, which are now stricken out;…
2Cases cited5 opinions
- Brown v. FeeterNew York Supreme Court · 1831
- Jackson v. StetsonMassachusetts Supreme Judicial Court · 1818
- Jones v. FalesMassachusetts Supreme Judicial Court · 1809
- Keeler v. BartineNew York Supreme Court · 1834
- Cilley v. JennessSuperior Court of New Hampshire · 1819
3Cited by1 opinion
- Barrett v. FeatherstoneTexas Supreme Court · 1896