Legal Opinion

Hoit v. Underhill

Superior Court of New Hampshire

Decided December 15, 1839Published

Assumpsit, for money paid. The defendant, by his guardian, pleaded the general issue. It appeared in evidence, that on the 12th of February, 1836, the defendant exchanged horses with one Baldwin, and agreed to pay Baldwin $75-00, for which he procured the plaintiff to sign a note with him as surety. The plaintiff was sued on the note, and on the 12th of April following paid Baldwin the amount. The defendant was at the time a minor, having attained his full age.

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Assumpsit, for money paid. The defendant, by his guardian, pleaded the general issue. It appeared in evidence, that on the 12th of February, 1836, the defendant exchanged horses with one Baldwin, and agreed to pay Baldwin $75-00, for which he procured the plaintiff to sign a note with him as surety. The plaintiff was sued on the note, and on the 12th of April following paid Baldwin the amount. The defendant was at the time a minor, having attained his full age. November 21, 1836. The plaintiff instituted this suit, to recover the amount, February 21, 1837. On the 13th of September, 1837,…

1Opinion of the CourtParker, C. J.

It appears that the defendant, after he became of age, before this suit was commenced and before the appointment of a guardian, made a promise that he would pay the plaintiff the debt now claimed. The promise was made to a person who was in fact the agent of the plaintiff, specially authorized to call on the defendant and see what he would say, and if he would not pay what the plaintiff had paid for him. In this respect this case differs from the case before us at the last term. 9 N. H. Rep. 436. It does not appear, however, that the fact that the person was agent of the plaintiff was…

2Cases cited3 opinions

  1. Roberts v. WigginSuperior Court of New Hampshire · 1817
  2. Hoit v. UnderhillSuperior Court of New Hampshire · 1838
  3. French v. HoytSuperior Court of New Hampshire · 1833

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