Betton v. Cutts
Superior Court of New Hampshire
Assumpsit. The ease came to the common pleas upon an appeal from the decision of the commissioners on the estate of Edmund Roberts, the defendant’s intestate.
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Assumpsit. The ease came to the common pleas upon an appeal from the decision of the commissioners on the estate of Edmund Roberts, the defendant’s intestate. The declaration contained several counts, alleging, 1. That January 1, 1809, Roberts, being indebted to Caleb Hopkins, upon whose estate the plaintiff is administrator de bonis non, in the sum of $860, upon an account annexed to the writ, in consideration thereof promised Hopkins to pay him that sum. 2. That Roberts, being indebted to Hopkins, as stated in the first count, in consideration thereof on the 25th December, 1832, promised…
1Opinion of the CourtParker, C. J.
The plaintiff relies upon three several promises of Roberts, the defendant’s intestate, to take this claim out of the operation of the statute of limitations. Two of them were made while Margaret Hopkins was ad-ministratrix upon the estate of the plaintiff’s intestate, and all of them were upon the condition that something should be received from the French government, upon a claim he had against that government on account of the seizure of a vessel.
Upon each of these occasions there was a distinct acknowledgment of the existence of a debt, and an express promise of payment upon the happening…
2Cases cited1 opinion
- Buswell v. RobySuperior Court of New Hampshire · 1826
3Cited by4 opinions
- Manning v. WheelerSuperior Court of New Hampshire · 1843
- Butterfield v. JacobsSuperior Court of New Hampshire · 1844
- Titus v. AshSuperior Court of New Hampshire · 1851
- Trumball v. TiltonSuperior Court of New Hampshire · 1850