Legal Opinion

Flannagan v. Kilcome

Supreme Court of New Hampshire

Decided August 5, 1878PublishedCited by 5 opinions

Assumpsit. Facts found by a referee. The defendant is a widow. After her husband’s death, the plaintiffs brought a suit against her for goods sold to her after her husband’s death, and for goods sold her husband. That suit was entered in court and continued several terms, and while pending was settled, and entered “neither party,” upon the defendant’s promise to pay a sum certain, for the recovery of which this suit is brought.

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Assumpsit. Facts found by a referee. The defendant is a widow. After her husband’s death, the plaintiffs brought a suit against her for goods sold to her after her husband’s death, and for goods sold her husband. That suit was entered in court and continued several terms, and while pending was settled, and entered “neither party,” upon the defendant’s promise to pay a sum certain, for the recovery of which this suit is brought. The goods furnished in the lifetime of the husband were for the use of and were used by the defendant and her husband and their family, living together. The referee…

1Opinion of the CourtStanley, J.

This action may be maintained if there was any consideration for the defendant’s promise. The law does not inquire into the amount or adequacy of it. A .slight benefit conferred on the defendant, or the smallest injury or inconvenience, or risk of injury or inconvenience, suffered by the plaintiff, though neither the defendant nor any other person was benefited thereby, is enough. Sanborn v. French, 22 N. H. 246, 248; Williamson v. Clements, 1 Taunt. 523; Davis v. Morgan, 4 B. & C. 8; Scotson v. Pegg, 6 H. & N. 295; 1 Pars. Con. 436.

The consideration in this case was the discontinuance of a…

2Cases cited3 opinions

  1. Crans v. . HunterNew York Court of Appeals · 1863
  2. Stewart v. AhrenfeldtNew York Supreme Court · 1847
  3. Seaman v. SeamanNew York Supreme Court · 1834

3Cited by5 opinions

  1. Reynolds v. ChaseSupreme Court of New Hampshire · 1935
  2. Carter v. ProvoSupreme Court of New Hampshire · 1935
  3. Phelan v. AdamSupreme Court of New Hampshire · 1920
  4. Derry & Webster v. BayviewDistrict Court, D. New Hampshire · 2014
  5. National Bank v. SayerSupreme Court of New Hampshire · 1906

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