Winslow v. Anderson
Supreme Court of New Hampshire
Action at Law, brought upon two counts: first, a count in debt upon a bond signed by the defendant as surety; second, a count in assumpsit for money had and received.
Read the full summary
Action at Law, brought upon two counts: first, a count in debt upon a bond signed by the defendant as surety; second, a count in assumpsit for money had and received. The plaintiffs’ specification is as follows: “Overpayment on 44,714 blocks under mutual mistake in fact on and prior to January 25, 1911, at $27.50 perM...................................... $1,229.63 Interest from October 19, 1911, to date........... 237.19 Making....................................... 1,466.82” Trial by jury. At the close of all the evidence the defendant moved for a directed verdict, which was granted, and…
1Opinion of the CourtPlummer, J.
This action grew out of a contract for paving-blocks made by the plaintiffs with Otto Anderson, December 29, 1909. The defendant was surety on a bond given by Otto to the plaintiffs for the faithful performance or fulfilment of the contract. Otto Anderson agreed to deliver upon the cars or upon a plot of land, leased by the plaintiffs, prior to November 1, 1910, 700,000 paving-blocks for thirty dollars per thousand; delivery to be upon the plaintiffs’ written order, the plaintiffs to pay 75 per cent of the agreed price upon the acceptance of the blocks as delivered, and the balance after the…
2Cases cited11 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Hatch v. Fourth National BankNew York Court of Appeals · 1895
- Goshen National Bank v. StateNew York Court of Appeals · 1894
- Justh v. . Nat. B'k of the CommonwealthNew York Court of Appeals · 1874
- Merchants' Insurance Co. of Providence v. AbbottMassachusetts Supreme Judicial Court · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Invest Almaz v. Temple-Inland Forest Products Corp.Court of Appeals for the First Circuit · 2001
- Chicago Title & Trust Co. v. WalshAppellate Court of Illinois · 1975
- Walbridge ex rel. Situated v. DoeDistrict Court, D. New Hampshire · 2018
- Weiner v. RoofCalifornia Supreme Court · 1942
- Sumner K. Prescott Co. v. Franklin Tool WorksWashington Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.