Fogg v. Sawyer
Superior Court of New Hampshire
Assumpsit, to recover a balance alleged to be due the plaintiff, upon the sale of a yoke of oxen. It appeared in evidence that about the middle of April, 1837, the defendant purchased of the plaintiff a pair of oxen, and passed to him in payment forty dollars in bills of the Chelsea bank. At the time of the purchase the bank had failed, but this was unknown to the plaintiff, and it did not distinctly appear that it was known to the defendant.
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Assumpsit, to recover a balance alleged to be due the plaintiff, upon the sale of a yoke of oxen. It appeared in evidence that about the middle of April, 1837, the defendant purchased of the plaintiff a pair of oxen, and passed to him in payment forty dollars in bills of the Chelsea bank. At the time of the purchase the bank had failed, but this was unknown to the plaintiff, and it did not distinctly appear that it was known to the defendant. As soon as the plaintiff learned that the bank had failed, he called upon the defendant to pay him other money, and tendered him the bills received; but…
1Opinion of the CourtParker, C. J.
It is contended, in this case, that the equity is equal between the parties—that there must be a loss upon the bills which were received by the plaintiff, and that, both parties being equally innocent, the law should not interfere. It is not quite clear that both parties were equally innocent in this transaction. The case finds that it did not distinctly appear that the failure of the bank was known to the defendant, but it did appear that it was unknown to the plaintiff. A suspicion, however, that the defendant had knowledge of the failure, at the time he made the purchase, can have no…
2Cases cited1 opinion
- Wentworth v. WentworthSuperior Court of New Hampshire · 1831
3Cited by1 opinion
- Williams v. GilchristSuperior Court of New Hampshire · 1841