Richards v. Columbia
Supreme Court of New Hampshire
Assumpsit, tried before'Ladd, J., to recover a balance claimed to be due on an account for intoxicating liquors sold and delivered by the plaintiffs to the defendants in 1868. The liquors sold were embraced in three bills, the dates and amounts of which were as follows : (1) March 23, 1868, $530.28; (2) August 11, $273.76; (3) December 7, $71.26 — $875.30. The credits, including $50 discount on a barrel of alcohol, which is allowed by the court, were as follows: May 21,1868,…
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Assumpsit, tried before'Ladd, J., to recover a balance claimed to be due on an account for intoxicating liquors sold and delivered by the plaintiffs to the defendants in 1868. The liquors sold were embraced in three bills, the dates and amounts of which were as follows : (1) March 23, 1868, $530.28; (2) August 11, $273.76; (3) December 7, $71.26 — $875.30. The credits, including $50 discount on a barrel of alcohol, which is allowed by the court, were as follows: May 21,1868, by cash, $80; July 3, $82; August 29, $75 ; October 9, $100 ; December 5, $160 ; February 15,1869, $110 ; April 15,…
1Opinion of the Court
The first bill of liquors was bought in violation of the law of Massachusetts, and no action can be maintained for any part of it. The case does not find that any application of the amount paid had been made before the commencement of the action. It is well settled that the plaintiff's cannot now elect to apply the payments to that part of the claim which is illegal; and all the other items of the account are paid by the payments which appear in the plaintiffs' account.
So far, then, as the first item of the plaintiffs' account is concerned, the matter stands as if the action was brought to…
2Cases cited4 opinions
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Rich v. ErrolSupreme Court of New Hampshire · 1871
- Backman v. CharlestownSupreme Court of New Hampshire · 1860
- Great Falls Bank v. FarmingtonSupreme Court of New Hampshire · 1860
3Cited by2 opinions
- City of Concord v. TompkinsSupreme Court of New Hampshire · 1984
- Turco v. Town of BarnsteadSupreme Court of New Hampshire · 1992