King v. Hutchins
Superior Court of New Hampshire
Assumpsit. The action was commenced May 20,1848. The writ contains four counts — for money had and received, &c.; for goods sold and delivered, &c.; for work and labor, &e.; and for board and lodging, &c.
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Assumpsit. The action was commenced May 20,1848. The writ contains four counts — for money had and received, &c.; for goods sold and delivered, &c.; for work and labor, &e.; and for board and lodging, &c. The cause was submitted to an auditor, who reported a balance due to the plaintiff, subject to the opinion of the court, upon facts reported by the auditor, as follows: On the 27th of November, 1841, the plaintiff, Hiram King, gave his note to the defendant, Samuel Hutchins, for $545,09, payable on demand, with interest annually, which note he secured, at the time it was given, by a…
1Opinion of the CourtWoods, J.
Several questions are presented by the facts found by the auditor’s report, and submitted :
1. On the third of January, 1842, the plaintiff gave his note to the defendant, payable to Hutchins & Buchannan, for $1,224,42, for considerations and purposes indicated in the report, and to which we shall have occasion, in the sequel, to advert more particularly. At the same time he gave him, or placed at his control, several notes of Allen and Deming, amounting in all to $500, besides interest, as collateral security for the note of $1,224,42. To provide further for the payment of this note, it was…
2Cases cited5 opinions
- Franklin v. TalmadgeNew York Supreme Court · 1809
- Willie v. GreenSuperior Court of New Hampshire · 1821
- Heaton v. AngierSuperior Court of New Hampshire · 1835
- Snow v. PrescottSuperior Court of New Hampshire · 1842
- Alexander v. WilmorthSupreme Court of Vermont · 1828
3Cited by2 opinions
- Van Der Stok v. Van VoorheesSupreme Court of New Hampshire · 2005
- King v. HopkinsSupreme Court of New Hampshire · 1876