Johnson v. Cleaves
Superior Court of New Hampshire
Assumpsit, to recover the sum of §270.71, balance due on account. The following facts appeared from the report of an auditor. The defendants wore owners of the ship Fortitude, of which one Crane was ship’s husband. At various times in the years 1837 and 1838, the plaintiff furnished articles for the use of the ship, and received sundry sums of money in payment therefor of Crane, who charged them to the owners of the ship.
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Assumpsit, to recover the sum of §270.71, balance due on account. The following facts appeared from the report of an auditor. The defendants wore owners of the ship Fortitude, of which one Crane was ship’s husband. At various times in the years 1837 and 1838, the plaintiff furnished articles for the use of the ship, and received sundry sums of money in payment therefor of Crane, who charged them to the owners of the ship. Upon a settlement between the plaintiff and Crane, a balance was found due the plaintiff from the owners of §270.71, for whiéh Crane gave the plaintiff Ms promissory note,…
1Opinion of the CourtGilchrist, J.
The facts necessary to be considered in this case are not numerous, and the principie to be applied to them is a familiar one.
The plaintiff furnished articles for the use of the ship Fortitude, charging them to the “ ship Fortitude and owners.” It does not appear that ho know who the owners were, but Crane, one of them, the ship’s husband, sottledpvith Johnson, and gave his note for the amount of Johnson’s bill against the ship, on which Johnson unsuccessfully at complied to raise money, and Crane afterwards became bankrupt.
Where a bill is given for a debt, and in payment of it, Lord Kenyon…
2Cases cited3 opinions
- Muldon v. WhitlockNew York Supreme Court · 1823
- Schemerhorn v. LoinesNew York Supreme Court · 1810
- Jaffrey v. CornishSuperior Court of New Hampshire · 1840
3Cited by3 opinions
- Coburn v. OdellSuperior Court of New Hampshire · 1855
- Smith & Lougee v. Smith & BannisterSuperior Court of New Hampshire · 1853
- Thompson v. BriggsSuperior Court of New Hampshire · 1853