Dodge v. Morse
Superior Court of New Hampshire
Assumpsit upon an account, annexed to the writ, of goods sold and delivered by the plaintiff’s intestate to the defendant. The defendant pleaded in abatement of the plaintiff’s writ, that the promise in the declaration mentioned, if any such were made, was made by him jointly with several other persons, and not by him alone. To this plea the plaintiff replied, that the promise was made by the said Morse alone, as alleged in the declaration ; and upon this issue was joined.
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Assumpsit upon an account, annexed to the writ, of goods sold and delivered by the plaintiff’s intestate to the defendant. The defendant pleaded in abatement of the plaintiff’s writ, that the promise in the declaration mentioned, if any such were made, was made by him jointly with several other persons, and not by him alone. To this plea the plaintiff replied, that the promise was made by the said Morse alone, as alleged in the declaration ; and upon this issue was joined. The cause was tried here, at November term, 1824. The plaintiff, among other evidence, produced a book of accounts, and,…
1Opinion of the Court
By the court.
On behalf of the defendant in this case it is urged, that the jury were misdirected, because they were instructed, that in case they found the issue in favor of the plaintiff, it would be their duty to give him in damages the value of the goods charged, without any further inquiry into the merits of the case. But this objection is altogether without any foundation, .For it is well settled, that if issue be taken upon a plea in abatement, and the jury find for the plaintiff, they must assess the damages in the same manner, as when an issue is found for the plaintiff upon a plea in…
2Cases cited1 opinion
- Briggs v. DorrNew York Supreme Court · 1821
3Cited by4 opinions
- Robinson v. PulsCalifornia Supreme Court · 1946
- Jewett v. DavisSuperior Court of New Hampshire · 1834
- Robinson v. PulsCalifornia Supreme Court · 1946
- Toppan's PetitionSuperior Court of New Hampshire · 1851