Morse v. Bellows
Superior Court of New Hampshire
This was an action of assumpsit. There were four counts in the declaration. The first count is on a note dated February 12, 1830, for $>1217.04, payable to the plaintiff on demand and interest. The second count is for $>5000 money had, and received.
Read the full summary
This was an action of assumpsit. There were four counts in the declaration. The first count is on a note dated February 12, 1830, for $>1217.04, payable to the plaintiff on demand and interest. The second count is for $>5000 money had, and received. The third count alleges that the defendant, on the 31st of July, 1817, bound himself by deed to W. C. Hall, to Charles and David Churchill, under the name and firm of C. & D. Churchill, and to Sylvester and Leonard Pulsifer, under the name and firm of S. & L. Pulsifer, to pay them respectively fifty per cent, on all sums due to them from one…
1Opinion of the CourtUpham, J.
In this case, it is admitted that the plaintiff is entitled to recover the amount of the note declared upon in the firsl count. On the second count, no evidence was offered ; and the only controversy betwixt the parties is, whether the plaintiff is entitled to recover any thing of the defendant *561under the third - and fourth counts in the declaration. By the yerdiet as taken the. full, .amount claimed under those counts was allowed the plaintiff,, and judgment must be rendered for this sum, unless the objections which have been taken should prevail.
It is necessary, then,.to enquire into the…
2Cases cited23 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Thompson v. KetchamNew York Supreme Court · 1811
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
18 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hoffman-La Roche, Inc. v. CampbellSupreme Court of Alabama · 1987
- Provencal v. Vermont Mutual InsuranceSupreme Court of New Hampshire · 1990
- Edson v. FullerSuperior Court of New Hampshire · 1850