Heaton v. Angier
Superior Court of New Hampshire
This was assumpsit for a waggon sold and delivered. The cause was tried upon the general issue, at October term, 1834, and a verdict taken for the plaintiff, subject to the opinion of the court upon the following case.
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This was assumpsit for a waggon sold and delivered. The cause was tried upon the general issue, at October term, 1834, and a verdict taken for the plaintiff, subject to the opinion of the court upon the following case. The plaintiff, on the 29th March, 1832, sold the waggon to the defendant at auction for $30,25. Immediately after-wards, on the same day, one John Chase bought the waggon of the defendant for $31,25. Chase and the defendant then went to the plaintiff, and Chase agreed to pay the $30,25 to the plaintiff for the defendant, and the plaintiff agreed to take Chase as paymaster for…
1Opinion of the Court
Gkeen, J,,
delivered the opinion of the court.
In Tatlock vs. Harris, 3 D. & E. 180, Duller, J., said: “ Suppose A owes B £100, and B owes C £100, and the *398three meet and it is agreed between them that A shall pay C the £100 : B’s debt is extinguished, and C may recover that sum against A.”
The case thus put by Buller is the very case now before us. Heaton, Angler and Chase being together, it was agreed between them that the plaintiff should take Chase as his debtor for the sum due from the defendant. The debt due to the plaintiff from the defendant was thus extinguished, It was an accord…
2Cited by5 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- King v. HutchinsSuperior Court of New Hampshire · 1854
- Warren v. BatchelderSuperior Court of New Hampshire · 1844
- White v. RichardsonSuperior Court of New Hampshire · 1841
- Woodward v. MilesSuperior Court of New Hampshire · 1851