Smith v. Wheeler
Superior Court of New Hampshire
Assumpsit. The declaration contained three counts., ■whieh were as follows, viz: 1. In a plea of the case for that the said Wheeler, at said Dover, on the day of the purchase of this writ, being indebted to the plaintiff in the sum of one thousand dollars for divers goods, wares and merchandize, before that time sold and delivered by the plaintiff to the defendant, at his request, in consideration thereof, then and there promised the plaintiff to pay him the said sum on…
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Assumpsit. The declaration contained three counts., ■whieh were as follows, viz: 1. In a plea of the case for that the said Wheeler, at said Dover, on the day of the purchase of this writ, being indebted to the plaintiff in the sum of one thousand dollars for divers goods, wares and merchandize, before that time sold and delivered by the plaintiff to the defendant, at his request, in consideration thereof, then and there promised the plaintiff to pay him the said sum on demand. Yet though requested, &c. 2. Also, in a plea of the case for that the said defendant, at said Dover, on the…
1Opinion of the CourtWoods, J.
In the view which we have taken of the case, it is not material to consider the question made and discussed by the counsel for the defendant, as to the form of the action.
The contract of January 31st, 1852, is relied upon by the plaintiff to show the sale and delivery of the goods, wffiich constitute the ground of the plaintiff’s action. Whether that contract furnishes evidence of anything more than a bargain and sale, without, in fact, showing a delivery, we need not now stop to inquire, since no such question is made by the parties.
In support of the nonsuit, it is argued that the evidence…
2Cases cited3 opinions
- Favor v. PhilbrickSuperior Court of New Hampshire · 1834
- Moore v. RossSuperior Court of New Hampshire · 1835
- Smith v. BarkerU.S. Circuit Court for the District of Connecticut · 1809