Chamberlin v. Perkins
Supreme Court of New Hampshire
Assumpsit. March 19, 1870, Philo Chamberlin, James M. Cham-berlin, and Oren C. Lee, described as partners under the firm of J. M. Chamberlain & Co., sued out a writ against the defendant, returnable to the April term, 1870, of the supreme court for this county.
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Assumpsit. March 19, 1870, Philo Chamberlin, James M. Cham-berlin, and Oren C. Lee, described as partners under the firm of J. M. Chamberlain & Co., sued out a writ against the defendant, returnable to the April term, 1870, of the supreme court for this county. The declaration contained the common counts for goods, wares, and merchandise sold and delivered, money had and received, &c., and an account annexed for flour and corn sold, and interest due, amounting to $1,210.09. The defendant claimed that he had paid for the corn and flour by drafts drawn by the plaintiffs on him, and accepted by…
1Concurrence
The principal question to be settled arose in the second of the two actions. In this case the declaration was for "corn, flour, and divers goods, wares, and merchandise sold and delivered to the defendant," and for "interest on certain sums due and owing from the defendant." At the trial, the defendant alleged that certain drafts had been given by the defendant and received by the plaintiffs in satisfaction of this demand, so that this demand was paid; and this was not denied by the plaintiffs. Thereupon the plaintiffs were permitted to amend by adding a count founded upon the drafts, and on…
2Cases cited5 opinions
- Fuller v. LittleSuperior Court of New Hampshire · 1835
- Luey v. BundySuperior Court of New Hampshire · 1838
- Burnham v. SpoonerSuperior Court of New Hampshire · 1839
- Danforth v. DeweySuperior Court of New Hampshire · 1824
- Drew v. ClaggettSupreme Court of New Hampshire · 1859