Favor v. Philbrick
Superior Court of New Hampshire
Assumpsit. It was alleged in the declaration that the defendant, on the third day of February, 1823, in consideration that the plaintiff, had delivered to the defendant, at his request, a certain account due to the plaintiff from one Charles Greenfield, for the sum of ‡7 50, to be carried by the defendant from Windsor to Henniker, and delivered to one Artemas.Rogers, and paid to the defendant 6⅛ cents for his trouble, promised the plaintiff to carry, and deliver the same…
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Assumpsit. It was alleged in the declaration that the defendant, on the third day of February, 1823, in consideration that the plaintiff, had delivered to the defendant, at his request, a certain account due to the plaintiff from one Charles Greenfield, for the sum of ‡7 50, to be carried by the defendant from Windsor to Henniker, and delivered to one Artemas.Rogers, and paid to the defendant 6⅛ cents for his trouble, promised the plaintiff to carry, and deliver the same accordingly — and; that .the defendant neglected to carry ahd deliver the same, by means of which negligence the debt was…
1Opinion of the CourtRichardson, C. J.
It is said in this case that there is a material variance be*333tween the allegations in the declaration, and the proof. The declaration sets out a contract to carry and deliver an account, while the evidence proves a contract to carry and deliver a letter containing an account. The question is, whether this is a material variance ?
It is.stated in the case that the defendant had notice, when the letter was delivered to him, that it contained an account, so that an agreement to carry the letter may well enough he considered as a contract to carry the letter and the account. And the rule of law is,…
2Cases cited1 opinion
- Coventry v. BartonNew York Supreme Court · 1819
3Cited by3 opinions
- Lewis v. WelchSuperior Court of New Hampshire · 1843
- Keyes v. DearbornSuperior Court of New Hampshire · 1841
- Smith v. WheelerSuperior Court of New Hampshire · 1854