Legal Opinion

Felton v. Fuller

Superior Court of New Hampshire

Decided December 15, 1854Published

Assumpsit upon a promissory note, signed by the defendant, and payable to the plaintiff. Plea, the general issue. The defence relied on, at the trial, was that the note ins suit was given upon a sale, by the defendant, of spirituous' liquors without license, and in whole or in part, as a consideration therefor. The only question of fact which the evidence rendered necessary to be submitted to the jury was, whether the sale was made in this State or in Massachusetts.

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Assumpsit upon a promissory note, signed by the defendant, and payable to the plaintiff. Plea, the general issue. The defence relied on, at the trial, was that the note ins suit was given upon a sale, by the defendant, of spirituous' liquors without license, and in whole or in part, as a consideration therefor. The only question of fact which the evidence rendered necessary to be submitted to the jury was, whether the sale was made in this State or in Massachusetts. At the time of the sale, the liquors were stored in. Concord, in this county, and the evidence in the case tended to show that…

1Opinion of the CourtGilchrist, C. J.

The liquors were in Concord. Walker agreed with the plaintiff, in Bgston, to buy the goods mentioned in a schedule, at twenty-five per cent, discount from the invoice price tthereof. The plaintiff then came to Concord, and took an invoice of the goods, Walker being present, and the goods were paid for by a note, which was made and delivered to the plaintiff in Boston. Walker then removed the goods.

No formal delivery was necessary to vest the title in the vendee.

Every thing that was necessary to a perfect contract between the parties took place in Boston. The contract was made there, and the…

2Cases cited1 opinion

  1. Ricker v. CrossSuperior Court of New Hampshire · 1832

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