Butterfield v. Harvell
Superior Court of New Hampshire
This was an action of assumpsit. The declaration contained two counts. The substance of the first count was, that Harvell on the 6th of Dec. 1823, in consideration of $50 to be paid to him by the plaintiff, promised safely to convey a certain raft of lumber from the foot of Short Falls on Merrimack river in Bedford to the head of the Middlesex canal, in a reasonable time, unless the river should freeze over, so as to render it imposs.ble ; and if the river should so freeze…
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This was an action of assumpsit. The declaration contained two counts. The substance of the first count was, that Harvell on the 6th of Dec. 1823, in consideration of $50 to be paid to him by the plaintiff, promised safely to convey a certain raft of lumber from the foot of Short Falls on Merrimack river in Bedford to the head of the Middlesex canal, in a reasonable time, unless the river should freeze over, so as to render it imposs.ble ; and if the river should so freeze over, to haul the raft out of the river, secure it safely on the banks until the opening of the river in the spring…
1Opinion of the Court
By the court.
Notwithstanding the liberal 'construction-given by courts, in modern times, to statutes of amendment, and the general provision of our own statute (1 N. H. Laws 99,) that courts may grant amendments, “ where the person “or ease may be rightly understood or intended it is a well settled principle, that no amendment of a declaration inconsistent with the nature of that declaration, or which changes the cause of action, comes within the provision of the statute, or can be admitted.
To an action of assumpsit upon an account annexed to the writ, John L. Thorndike vs. Thomas R. Sweat,…
2Cited by4 opinions
- Stevenson v. MudgettSuperior Court of New Hampshire · 1839
- Merrill v. RussellSuperior Court of New Hampshire · 1841
- Lawrence v. LangleySuperior Court of New Hampshire · 1843
- Little v. MorganSuperior Court of New Hampshire · 1855