Evans v. Gale
Superior Court of New Hampshire
Assumpsit, for money had and received, brought to recover the sum of five dollars paid by one Hanson Evans, Jr., to the defendant, without authority from the plaintiff.
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Assumpsit, for money had and received, brought to recover the sum of five dollars paid by one Hanson Evans, Jr., to the defendant, without authority from the plaintiff. The plaintiff offered in evidence the deposition of Hanson Evans, Jr., who testified, that he was the son of the plaintiff, who, in the month of April preceding, received a letter from G-eorge G-. Eogg, Esq., of Gilmanton, stating that there was a small account against him left in his office for collection, but not naming the person who left it. His father, not being in debt to any person that he knew of, requested him to go…
1Opinion of the CourtGilchrist, C. J.
This was not a sale of the note by the defendant to Hanson Evans, or to the plaintiff. The facts stated in the case negative that idea. Hanson Evans went as the agent of the plaintiff, to pay such debt as he should find against his principal, and he delivered the money to the defendant, in payment of what he supposed was a debt against the plaintiff. When he received the note from the defendant, he took it as evidence of the discharge of a debt. The facts found by the case will warrant no other construction. This note the plaintiff now *245has. He is not holden upon it, for he has guarded…
2Cases cited1 opinion
- Goodman v. EastmanSuperior Court of New Hampshire · 1828
3Cited by1 opinion
- Spencer v. St. ClairSupreme Court of New Hampshire · 1876