Mitchell v. Gile
Superior Court of New Hampshire
Assumpsit on an account annexed to the writ. One of the charges was for ten and one half cords of wood sold and delivered. At the trial in the court of common pleas, it appeared that on the 28th day of November, 1S3T, the plaintiff had on his land a quantity of seasoned wood, of which the defendant wished to borrow a portion, in order to complete a boat load which he was about to send to market.
Read the full summary
Assumpsit on an account annexed to the writ. One of the charges was for ten and one half cords of wood sold and delivered. At the trial in the court of common pleas, it appeared that on the 28th day of November, 1S3T, the plaintiff had on his land a quantity of seasoned wood, of which the defendant wished to borrow a portion, in order to complete a boat load which he was about to send to market. The plaintiff gave him permission to take as much wood as he wished for that purpose ; and as the defendant proposed to cut some wood in the spring from his land situated near the plaintiff’s, it was…
1Opinion of the CourtGilchrist, J.
There is a class of cases where it is unnecessary to declare upon the special contract which the parties may have made. Where one party agrees to do a certain thing, and the other party agrees to pay a sum of money, and the thing or duty is performed, but the other party refuses to pay the money, an action lies for the money, because a debt has accrued, and nothing remains to be done but to pay it. There seems to be no reason in such a case why a general count should not be sufficient for the recovery of the money due. The plaintiff’s claim does not then sound in damages, but is for a…
2Cases cited10 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Raymond v. BearnardNew York Supreme Court · 1815
- Jackson ex dem. Hopkins v. LeekNew York Supreme Court · 1834
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hale v. HandySuperior Court of New Hampshire · 1853
- N. H. Mutual Fire Ins. v. HuntSuperior Court of New Hampshire · 1855