Dudley v. Cilley
Superior Court of New Hampshire
Assumpsit on a note, dated January 22, 1828, by which the defendant and J. B. jointly and severally promised the plaintiff, to pay him, or order, for the use of the town of Raymond, $365, in thirty days, with interest. The case was tried at August term, 1831, upon the general issue, and a verdict taken, by consent, for the plaintiff, subject to the opinion of the court upon the following case.
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Assumpsit on a note, dated January 22, 1828, by which the defendant and J. B. jointly and severally promised the plaintiff, to pay him, or order, for the use of the town of Raymond, $365, in thirty days, with interest. The case was tried at August term, 1831, upon the general issue, and a verdict taken, by consent, for the plaintiff, subject to the opinion of the court upon the following case. The note, mentioned in the declaration, was given under the following circumstances. In the year 1823, a petition for a highway, through the town of Raymond, was presented to the court of sessions.…
1Opinion of the CourtRichaRdson, C. J.
The question to be decided in this case, is, whether there is any legal consideration to sustain the promise contained in the note ? If there be such a consideration, the plaintiff is entitled to judgment on the verdict; but if otherwise, the verdict must be set aside, the promise being in law void.
In order to settle the question, whether there is a consideration, it becomes necessary to examine the powers and duties of the court of common pleas in laying out highways.
It must often happen, that in exercising the power to lay out highways, courts take from men their property *560without their…
2Cases cited3 opinions
- Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
- Pernam v. WeadMassachusetts Supreme Judicial Court · 1806
- Metcalf v. BinghamSuperior Court of New Hampshire · 1826
3Cited by8 opinions
- Rodgers Development Co. v. Town of TiltonSupreme Court of New Hampshire · 2001
- Dudley v. ButlerSuperior Court of New Hampshire · 1839
- Jackson v. RaySupreme Court of New Hampshire · 1985
- Goodwin v. MiltonSuperior Court of New Hampshire · 1852
- Gurnsey v. EdwardsSuperior Court of New Hampshire · 1853
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