Watriss v. Pierce
Supreme Court of New Hampshire
Covenant. The declaration contained four counts, which were in substance as follows : In a plea of covenant broken, for that the defendants, at Portsmouth, on the 15th day of August, 1851, by their deed of that date, sealed with their seals and under their hands, duly executed and in court to be produced, setting forth that whereas the plaintiff, by the name and style of William Watriss, of Cambridge, in the Commonwealth of Massachusetts, had loaned to Samuel Nott, of…
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Covenant. The declaration contained four counts, which were in substance as follows : In a plea of covenant broken, for that the defendants, at Portsmouth, on the 15th day of August, 1851, by their deed of that date, sealed with their seals and under their hands, duly executed and in court to be produced, setting forth that whereas the plaintiff, by the name and style of William Watriss, of Cambridge, in the Commonwealth of Massachusetts, had loaned to Samuel Nott, of Boston, agent of the Portsmouth and Concord Railroad, the sum of twenty thousand dollars for the term of two years, and had…
1Opinion of the CourtEastman, J.
The pleadings in this case are quite voluminous, and extend over many pages, but the questions presented for decision at this time are but few. These, however, have been argued with much legal acumen and power, and have caused us to hesitate somewhat as to the conclusion to which we should arrive.
Taking the questions in the order presented, and we have first to consider the effect of the pleas setting up a new contract between Nott and the plaintiff. The position is this : That on the 14th of August, Watriss and Nott entered into a contract by which Watriss was to let Nott have $10,000 in…
2Cases cited8 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Walsh v. BailieNew York Supreme Court · 1813
- Hedger v. RennakerCourt of Appeals of Kentucky · 1860
- Commonwealth ex rel. Bellas v. VandersliceSupreme Court of Pennsylvania · 1822
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