Merrill v. Russell
Superior Court of New Hampshire
Actions of assumpsit, upon accounts annexed to the writ, both of which were referred to the same auditor. The auditor found due on Lewis L. Merrill’s account the sum of ....... $36-72 And on James,W. Merrill’s account, . . 13-24 And he transferred the last named sum to the account of L. L. Merrill, making it amount to . . $49-96 The auditor found due on the off-set filed by the defendant against the account of L. L. Merrill, the sum of $48-42 And reported a balance to he due…
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Actions of assumpsit, upon accounts annexed to the writ, both of which were referred to the same auditor. The auditor found due on Lewis L. Merrill’s account the sum of ....... $36-72 And on James,W. Merrill’s account, . . 13-24 And he transferred the last named sum to the account of L. L. Merrill, making it amount to . . $49-96 The auditor found due on the off-set filed by the defendant against the account of L. L. Merrill, the sum of $48-42 And reported a balance to he due to him of $1-54 The auditor transferred the sum of $13-24 from the account of J. W. Merrill to that of L. L. Merrill,…
1Opinion of the CourtWoods, J.
We need not stop to enquire, whether, if L. L. Merrill had embraced in his declaration against the defendant the sum of $⅝13-24, to recover which J. W. Merrill commenced his action, and which the auditor in his report allowed to L. L. Merrill, he would have been entitled to recover that sum. Waiving that enquiry, and conceding that to have been a just claim for which L. L. Merrill might have maintained an action, the question submitted upon the case for the consideration of the court is, whether, notwithstanding the fact that the claim for the $13-24 was not embraced in L. L. Merrill’s…
2Cases cited5 opinions
- Stevenson v. MudgettSuperior Court of New Hampshire · 1839
- Burnham v. SpoonerSuperior Court of New Hampshire · 1839
- Butterfield v. HarvellSuperior Court of New Hampshire · 1825
- Goddard v. PerkinsSuperior Court of New Hampshire · 1838
- Edgerly v. EmersonSuperior Court of New Hampshire · 1827
3Cited by2 opinions
- Brackett v. CrooksSuperior Court of New Hampshire · 1851
- Wright v. CobleighSuperior Court of New Hampshire · 1850