Smith v. Foster
Supreme Court of New Hampshire
This action was brought by Eleazer Smith against A. K. Foster, principal defendant, and Edward Webster trustee. The trustee disclosed that he was indebted to the defendant by a negotiable promissory note, made and payable in this* State, dated June 26, 1858. The writ was served upon the trustee June 28, 1858. C. J. E. Stone appeared and claimed the note, and filed a plea, alleging that the note was transferred by the defendant to one Mulligan, in good faith and for an…
Read the full summary
This action was brought by Eleazer Smith against A. K. Foster, principal defendant, and Edward Webster trustee. The trustee disclosed that he was indebted to the defendant by a negotiable promissory note, made and payable in this* State, dated June 26, 1858. The writ was served upon the trustee June 28, 1858. C. J. E. Stone appeared and claimed the note, and filed a plea, alleging that the note was transferred by the defendant to one Mulligan, in good faith and for an adequate consideration, before the service of the trustee process, and that afterwards said Mulligan transferred it to Stone.…
1Opinion of the CourtSarseNT, J.
The decisions in Frost v. Hall, 4 N. H. 153 ; Shaw v. Dodge, 5 N. H. 462 ; Clough v. Davis, 9 N. H. 500; Allen v. Beming, 14 N. H. 133, were all made upon tbe statute of 1799, which was widely different in its provisions from our present statute. That statute prohibited any person from doing or exercising any labor or business or work of bis secular calling, upon tbe Lord’s day, under a penalty. N. H. Laws of 1830,167. Tbis was a prohibition of tbe act, without any qualification. Whether tbe business were exercised alone, or in tbe midst of a city; whether it were carried on by tbe offender…
2Cases cited10 opinions
- Adams v. GaySupreme Court of Vermont · 1847
- Phalen v. ClarkSupreme Court of Connecticut · 1849
- Boynton v. PageNew York Supreme Court · 1835
- Lyon v. StrongSupreme Court of Vermont · 1834
- Lovejoy v. WhippleSupreme Court of Vermont · 1846
5 more not listed; retrieve them via the Exa API.