Pray v. Burbank
Superior Court of New Hampshire
Assumpsit, upon an account annexed to the writ, for one cord of wood, at $5-00, delivered the defendant, at his residence in Somersworth, June 7f 1837. The action came to the common pleas by appeal from the judgment of a justice of the peace. Upon the trial, the plaintiff offered evidence tending to show a sale of a load of wood, by himself, to the defendant, at the date of the account. There was about a cord of it.
Read the full summary
Assumpsit, upon an account annexed to the writ, for one cord of wood, at $5-00, delivered the defendant, at his residence in Somersworth, June 7f 1837. The action came to the common pleas by appeal from the judgment of a justice of the peace. Upon the trial, the plaintiff offered evidence tending to show a sale of a load of wood, by himself, to the defendant, at the date of the account. There was about a cord of it. No evidence was offered that the wood was surveyed by any sworn surveyor. It appeared in evidence that surveyors of wood, for the town of Somersworth were duly chosen, and sworn,…
1Opinion of the CourtParker, C. J.
The case does not state that any evidence was offered by the defendant, having a tendency to show that the wood had not been measured by a measurer duly appointed ; but from the ruling of the court it seems to have been conceded that such was the fact, if it was not proved.
The statute of June 15, 1791, provides that all cord wood exposed to sale shall be of certain dimensions, and that in every town in the state, where wood is usually sold by the cord, there may be one or more persons appointed by the town, who shall be wood measurers, whose duty it shall be to measure all wood brought into…
2Cases cited1 opinion
- Roby v. WestSuperior Court of New Hampshire · 1828
3Cited by7 opinions
- Caldwell v. WentworthSuperior Court of New Hampshire · 1843
- Allen v. DemingSuperior Court of New Hampshire · 1843
- Coburn v. OdellSuperior Court of New Hampshire · 1855
- State v. DimickSuperior Court of New Hampshire · 1841
- Brackett v. HoytSuperior Court of New Hampshire · 1854
2 more not listed; retrieve them via the Exa API.