Snow v. Prescott
Superior Court of New Hampshire
Assumpsit, for goods sold and delivered, including, among other things, an anvil, the alleged price of which was $11 ; and a plough, the price of which was averred to be $3.50. Upon the trial, it was proved that in the summer of the year 183S the defendant was the holder of a promissory note against the plaintiff.
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Assumpsit, for goods sold and delivered, including, among other things, an anvil, the alleged price of which was $11 ; and a plough, the price of which was averred to be $3.50. Upon the trial, it was proved that in the summer of the year 183S the defendant was the holder of a promissory note against the plaintiff. There was evidence on the part of the plaintiff tending to show that he sold and delivered the plough and the anvil to the defendant, who agreed to indorse the price of them upon the note. The defendant af-terwards brought an action, and recovered judgment on the note by default.…
1Opinion of the Court
Gilchrist. J.
The case of Tilton vs. Gordon, 1 N. H. Rep. 33, presents a state of facts similar to that in the case before us ; and if the judgment there were correct, it should govern the decision of this case. The soundness of that judgment, however, has been often questioned at the bar, and by the court also, in the case of Fuller vs. Little, 7 N. H. Rep. 535. It was pronounced by Mr. Justice Bell, and in the case of Farmer vs. Stewart, 2 N. H. Rep. 101, was said by Mr. Justice Woodbury to be “supported by principle as well as the authorities there collected.” From the opinions of two so…
2Cases cited3 opinions
- Fuller v. LittleSuperior Court of New Hampshire · 1835
- Tilton v. GordonSuperior Court of New Hampshire · 1817
- Farmer v. StewartSuperior Court of New Hampshire · 1819
3Cited by4 opinions
- King v. HutchinsSuperior Court of New Hampshire · 1854
- Wallace v. BrownSuperior Court of New Hampshire · 1852
- Webb v. StoneSuperior Court of New Hampshire · 1851
- Pierce v. DuncanSuperior Court of New Hampshire · 1850