Hoit v. Underhill
Superior Court of New Hampshire
Assdmpsit, for $90, money paid, and money had and ’ received. The writ was dated February 21 ⅛ 1837. Plea, the general issue, by guardian, the defendant being a spendthrift. On behalf of the plaintiff it was proved, that on the 12th of February, 1836, the defendant exchanged horses with one Samuel Baldwin, and agreed to give him $75, and the plaintiff and one Reuben Sargent signed a note with the defendant to Baldwin for that amount.
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Assdmpsit, for $90, money paid, and money had and ’ received. The writ was dated February 21 ⅛ 1837. Plea, the general issue, by guardian, the defendant being a spendthrift. On behalf of the plaintiff it was proved, that on the 12th of February, 1836, the defendant exchanged horses with one Samuel Baldwin, and agreed to give him $75, and the plaintiff and one Reuben Sargent signed a note with the defendant to Baldwin for that amount. On the 12th day of April, 1836, the plaintiff paid the note, having been sued by Baldwin. It appeared that the defendant was twenty-one years of age on the 21st…
1Opinion of the CourtUpham, J.
We have been unable to find any case that comes so near the present as that of Orvis vs. Kimball, 3 N. H. R. 314,
In that case it appeared in evidence that the defendant, after he arrived at the age of twenty-one years, had declared his intention to pay the note then in suit; but it did not appear that this declaration was made in presence of the plaintiff or his agent. It further appeared, that when of age the defendant employed an agent to find a‘nd pay the note; but it did not appear that the agent had done any thing upon the subject.
The court, in delivering their opinion, say, that “ the…
2Cases cited2 opinions
- President, Directors, & Co. v. ChamberlinMassachusetts Supreme Judicial Court · 1818
- Martin v. MayoMassachusetts Supreme Judicial Court · 1813
3Cited by5 opinions
- Aldrich v. GrimesSuperior Court of New Hampshire · 1839
- Burnham v. PorterSuperior Court of New Hampshire · 1852
- Edgerly v. ShawSuperior Court of New Hampshire · 1852
- Hoit v. UnderhillSuperior Court of New Hampshire · 1839
- Underwood v. EastmanSuperior Court of New Hampshire · 1847