Curry v. Rogers
Superior Court of New Hampshire
Appeal, from the decision of a justice of the peace. The writ was dated April 24th, 1848, and contained four counts. The first was special, and alleged that the defendant, on the 21st of December, 1843, by a certain memorandum in writing, agreed to pay the plaintiffs $12, to be appropriated in the erection of a literary institution for the Methodist Episcopal Church, to be located within one fourth of a mile of Sanbornton Bridge by a committee consisting of Nathaniel S.…
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Appeal, from the decision of a justice of the peace. The writ was dated April 24th, 1848, and contained four counts. The first was special, and alleged that the defendant, on the 21st of December, 1843, by a certain memorandum in writing, agreed to pay the plaintiffs $12, to be appropriated in the erection of a literary institution for the Methodist Episcopal Church, to be located within one fourth of a mile of Sanbornton Bridge by a committee consisting of Nathaniel S. Berry and others. It was also alleged that said sum of $12, was to be paid in lumber to be delivered on the place of…
1Opinion of the CourtEastman, J.
The motion to set aside the nonsuit, ordered by the court in this case, raises three questions, which we will consider in their order. The first is, did the defendant sign the subscription-paper on which the special count in the writ is based? This paper is the foundation of all claim upon the defendant; and although he might be liable upon the other counts in the writ, under a state of facts which could readily be supposed, yet the essence of his liability depends, and would depend, upon his primary steps in making himself liable upon the subscription-paper. This paper, it appears, was lost;…
2Cases cited9 opinions
- Trustees of Farmington Academy v. AllenMassachusetts Supreme Judicial Court · 1817
- Mauri v. HeffernanNew York Supreme Court · 1816
- Corbin v. Jackson ex dem. GarnseyCourt for the Trial of Impeachments and Correction of Errors · 1835
- Kelsey v. HanmerSupreme Court of Connecticut · 1847
- Homes v. DanaMassachusetts Supreme Judicial Court · 1815
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