Legal Opinion

Parks v. Ingram

Superior Court of New Hampshire

Decided July 15, 1851Published

Assumpsit, on an account annexed to the writ, and the general counts for money paid, money had and received, goods sold and delivered, work and materials, money lent, account stated, and interest due. The plaintiffs were commission merchants, doing business in Boston, in the State of Massachusetts, and, since the year 1844, had sold broadcloths and other woollen goods, on commission for the defendants, who were manufacturers doing business in Newport in this State.

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Assumpsit, on an account annexed to the writ, and the general counts for money paid, money had and received, goods sold and delivered, work and materials, money lent, account stated, and interest due. The plaintiffs were commission merchants, doing business in Boston, in the State of Massachusetts, and, since the year 1844, had sold broadcloths and other woollen goods, on commission for the defendants, who were manufacturers doing business in Newport in this State. The plaintiffs had from time to time accepted drafts drawn by the defendants,'^payable on time, and had applied the proceeds of…

1Opinion of the CourtEastman, J.

The facts presented in this case raise several questions for our consideration. The amount claimed is $9,263.68, being the sum alleged to be due from the defendants to the plaintiffs, August 1st, 1848, the date of the plaintiffs’ writ. Of this sum, $6,369.11, were for drafts drawn by the defendants upon the plaintiffs and accepted by them; but *291which, being on time, were not due at the commencement of the suit and had not been paid. At the time of their acceptance however, they were charged in the plaintiffs’ books of account against the defendants. A large part of the plaintiffs’ claim is…

2Cases cited6 opinions

  1. May v. CoffinMassachusetts Supreme Judicial Court · 1808
  2. Caldwell v. WentworthSuperior Court of New Hampshire · 1843
  3. Sargent v. AppletonMassachusetts Supreme Judicial Court · 1809
  4. Pemigewasset Bank v. BrackettSuperior Court of New Hampshire · 1829
  5. Sawyer v. TappanSuperior Court of New Hampshire · 1843

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