Caldwell v. Wentworth
Superior Court of New Hampshire
Assumpsit, founded upon the account annexed, as follows, viz.: Jacob Wentworth to Abner Caldwell, . . Dr. 1839. May 9, To 107 galls. Rum, a .38, $40.66 July 8, “ 107 “ “ “ 40.66 Aug. 8, “ 107 “ “ “ 40.66 Sept. 3, “ 53 pounds Saleratus, 7, 3.71 Sept. 12, To 107 galls. Rum, $40.66 Oct. 17, “ 107 40.66 “ 25, “ 116 gs. do. molasses, .33, 38.2S $245.29 1839. Or.
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Assumpsit, founded upon the account annexed, as follows, viz.: Jacob Wentworth to Abner Caldwell, . . Dr. 1839. May 9, To 107 galls. Rum, a .38, $40.66 July 8, “ 107 “ “ “ 40.66 Aug. 8, “ 107 “ “ “ 40.66 Sept. 3, “ 53 pounds Saleratus, 7, 3.71 Sept. 12, To 107 galls. Rum, $40.66 Oct. 17, “ 107 40.66 “ 25, “ 116 gs. do. molasses, .33, 38.2S $245.29 1839. Or. July 6, By 1 molasses Hhd., .50 Sept. 10, By cash pr. receipt, 50.00 “ Hhds., .50 Nov. 6. “ cash receipt, 50.00 1840. Jan. 3, “ “ 50.00 $151.00 $151.00 It appeared that the plaintiff, when he sold the defendant the two first quantities of…
1Opinion of the CourtParker, C. J.
In relation to the first two items of the plaintiff’s account, the sale was lawful, being made under a license, and for these and for the items for saleratus and molasses, which were lawful subjects of sale, if the plaintiff has not already received payment, he is entitled to recov*436er. The sales of rum in August and September, 1839, when the plaintiff had no license, were within the prohibition of the statute, and for that part of the account no cause of action ever accrued to the plaintiff. 10 N. H. Rep. 377, Pray vs. Burbank ; Ante p. 294, Lewis vs. Welch ; Carthew 252, Bartlett vs. Vinor; 1…
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