Foster v. Hill
Supreme Court of New Hampshire
Assumpsit, on a promissory note for one thousand dollars, gigned by the defendant, and payable to the plaintiff, or order. The cause was referred to a commissioner appointed under the statute, and his report was submitted to the court, with an agreement that judgment should be rendered on it as the court might direct.
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Assumpsit, on a promissory note for one thousand dollars, gigned by the defendant, and payable to the plaintiff, or order. The cause was referred to a commissioner appointed under the statute, and his report was submitted to the court, with an agreement that judgment should be rendered on it as the court might direct. The report stated the following facts: In the winter of 1853-4, or the spring following, the plaintiff and defendant purchased an interest in the “ Island Pond Lumber Co.,” at $64,000, on which they made payments to the amount of about $3,000, and the plaintiff, haying paid more…
1Opinion of the Court
PeRLEy, O. J.
The commissioner, in his report, does not find that the two five hundred dollar notes of Sprague were agreed *528to be received by tbe plaintiff in payment of the defendant’s debt for one thousand dollars. He reports certain facts and circumstances from ■which it may have been competent for him to infer the fact that it was so understood and agreed by the parties ; but says that there was no such express agreement, and that unless the facts and circumstances reported amount in law to a payment of the debt, he finds for the plaintiff.
We cannot see, in the facts stated by the…
2Cases cited4 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Johnson v. WeedNew York Supreme Court · 1812
- Olcott v. RathboneNew York Supreme Court · 1830
- Sanders & Ogden v. BaconNew York Supreme Court · 1811