Hilliard v. Beattie
Supreme Court of New Hampshire
Trespass, for assault and battery, being the same case reported in 59 N. H. 462. The defendant moved to enter the action “ Neither party.” Facts found by the court. April 8, 1882, the plaintiff assigned the suit to Jacob Benton by a sealed writing, which specifies that it is made as part security for certain indebtedness, and authorizes and empowers Benton to settle the suit for such sum as he shall think reasonable, and apply the proceeds in payment of the indebtedness.
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Trespass, for assault and battery, being the same case reported in 59 N. H. 462. The defendant moved to enter the action “ Neither party.” Facts found by the court. April 8, 1882, the plaintiff assigned the suit to Jacob Benton by a sealed writing, which specifies that it is made as part security for certain indebtedness, and authorizes and empowers Benton to settle the suit for such sum as he shall think reasonable, and apply the proceeds in payment of the indebtedness. November 25, Í889, the plaintiff and Benton made and delivered to each other a sealed paper in duplicate, in which Benton…
1Opinion of the CourtBlodgett, J.
It is unnecessary to determine whether the assignment of April 8, 1882, was valid or otherwise as an assignment. It is sufficient for the present purpose that for a valuable consideration it authorized and empowered the assignee to settle this suit “ for such sum as he shall think reasonable,” and' apply the proceeds in payment-of the assignor’s indebtedness to him; and the agreement of November 25, 1889, also expressly stipulates that unless the assignor shall pay a given sum of money to the assignee on or before a certain day, the latter shall have full authority to settle the suit “without…
2Cases cited7 opinions
- Frink v. RoeCalifornia Supreme Court · 1886
- Hutchins v. . HebbardNew York Court of Appeals · 1865
- Mansfield v. MansfieldSupreme Court of Connecticut · 1827
- Raymond v. SquireNew York Supreme Court · 1814
- Robinson v. AllisonSupreme Court of Alabama · 1883
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