Chesley v. Coombs
Supreme Court of New Hampshire
Foreign Attachment. The liability of Leavitt as trustee was tried by a jury, who found him chargeable. The defendant Coombs, being arraigned before a magistrate, March 3,1876, recognized in $200, with the trustees as sureties, for his appearance March 7. Leavitt became surety at the request of Mr. Wood, counsel for Coombs, and upon his promise to save him harmless.
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Foreign Attachment. The liability of Leavitt as trustee was tried by a jury, who found him chargeable. The defendant Coombs, being arraigned before a magistrate, March 3,1876, recognized in $200, with the trustees as sureties, for his appearance March 7. Leavitt became surety at the request of Mr. Wood, counsel for Coombs, and upon his promise to save him harmless. At or about the same time he received from Wood $200, and gave him a wilting to the effect that the money was received of him as security for the appearance of Coombs, and agreeing to repay the money to Wood if Coombs should not…
1Opinion of the CourtSmith, J.
The jury have found that both Coombs and Wood understood that the money in Leavitt’s hands belonged to Coombs. There was evidence in the testimony of Hunnewell, Towle, and Wood to warrant the charge and the finding. It was not necessary that Leavitt should be a party to that understanding. His written agreement, to repay the money to Wood, was in fact an agreement with Wood as the agent of Coombs, and for his benefit. A payment to Wood would have been a bar to a recovery by Coombs, because made to his authorized agent; and a payment to Coombs would of course have barred a recovery by Wood,…
2Cited by1 opinion
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