Mann v. Locke
Superior Court of New Hampshire
Indebitatus assumpsit, on account annexed. The account was submitted to an auditor, and the action was transferred to this court for the decision of questions raised in the auditor’s report. The defendants are described in the writ as Edwin R. Locke and John F. C. Hayes, formerly partners under the name and firm of Edwin R. Locke & Co. Suit was brought against the firm, but Hayes being without the government no service was made upon him.
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Indebitatus assumpsit, on account annexed. The account was submitted to an auditor, and the action was transferred to this court for the decision of questions raised in the auditor’s report. The defendants are described in the writ as Edwin R. Locke and John F. C. Hayes, formerly partners under the name and firm of Edwin R. Locke & Co. Suit was brought against the firm, but Hayes being without the government no service was made upon him. It was proved that the name of Hayes, the partner of said firm, was Jonathan F. C. Hayes, and not John, although it appeared that he used to he called so…
1Opinion of the CourtUpham, J.
There was evidence in this case tending to show that Hayes, the defendant, was known by the name given him in the writ, as well as by what appears now to have been his true name. This evidence it was competent for the auditor to consider ; and as he has found for the plaintiff, notwithstanding the exception, he ihust be regarded as being in his view sufficiently known by the name given in the declaration to justify a recovery against him under such description. The auditor’s report is conclusive on this point, until invalidated by other testimony.
Various items in the plaintiffs account have…
2Cases cited2 opinions
- Chauncy v. YeatonSuperior Court of New Hampshire · 1818
- Story v. BarrellSupreme Court of Connecticut · 1818
3Cited by11 opinions
- Lovering v. LoveringSuperior Court of New Hampshire · 1843
- Putnam v. GoodallSuperior Court of New Hampshire · 1855
- Chapin v. School District No. 2Superior Court of New Hampshire · 1855
- Demeritt v. MilesSuperior Court of New Hampshire · 1851
- Hoyt v. FrenchSuperior Court of New Hampshire · 1851
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