Hassell v. Hoit
Superior Court of New Hampshire
Assumpsit. The first count was for money had and received. The second count alleged that on the 29th day of May, 1844, the defendant, by his note or memorandum, in writing of that date, of the following tenor and effect, to wit: “ Merrimack, May 29, 1844. This day received of Luther K. Hassell one sorrel mare, for which I promise to pay him, or his order, seventy-five-dollars, on demand, with interest.
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Assumpsit. The first count was for money had and received. The second count alleged that on the 29th day of May, 1844, the defendant, by his note or memorandum, in writing of that date, of the following tenor and effect, to wit: “ Merrimack, May 29, 1844. This day received of Luther K. Hassell one sorrel mare, for which I promise to pay him, or his order, seventy-five-dollars, on demand, with interest. Said mare is to be considered the property of said Hassell, as security on this note until paid for, and to be kept in my possession for my use and benefit. Isaiah Hoyt” — promised the…
1Opinion of the CourtWoods, J.
The question»in this case is, whether an action for money had and received may be maintained upon the evidence. The plaintiff' has exhibited an instrument by which the defendant, for a certain consideration, past and executed, and particularly expressed in the instrument, promised to pay to the plaintiff, or order, the sum of seventy-five dollars, on demand, with interest. The paper contains, in addition to that contract, a certain agreement concerning a mare which the plaintiff had delivered to the defendant; the delivery of which, for certain purposes therein declared, formed the…
2Cases cited2 opinions
- Leeds v. SaywardSuperior Court of New Hampshire · 1833
- Wilson v. GeorgeSuperior Court of New Hampshire · 1839