Cargill v. Webb
Superior Court of New Hampshire
Tkover for 251 pine logs. Upon the trial, the plaintiff, in support of the action, gave in evidence a receipt, signed by the defendant and one Lake Williams, December 27, 1837, by which they acknowledged that they had received of the plaintiff, as a deputy sheriff, 251 pine logs, valued at $¡1000, which had been attached on a writ against Williams, and promised to keep the property free from expense to the- plaintiff, and return it to him, or any proper officer, on demand.
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Tkover for 251 pine logs. Upon the trial, the plaintiff, in support of the action, gave in evidence a receipt, signed by the defendant and one Lake Williams, December 27, 1837, by which they acknowledged that they had received of the plaintiff, as a deputy sheriff, 251 pine logs, valued at $¡1000, which had been attached on a writ against Williams, and promised to keep the property free from expense to the- plaintiff, and return it to him, or any proper officer, on demand. Upon this receipt was the following indorsement, signed by the defendant, viz.: “ Dec. 18, 1838. The within named…
1Opinion of the CourtGreen, J.
The receipt seems to have been signed by the debtor Williams, as well as the defendant ; but it must have been understood that the defendant was relied upon as re-ceipter, for the contract of the debtor furnished no additional security whatever.
The indorsement upon the receipt, signed by the defendant, admits that a demand has been made upon him ; and although it does not contain an express admission that he had refused or neglected to comply with it, the circumstance that the defendant, after a demand is made upon him, signs a certificate of that fact, is evidence to show he had neglected to…
2Cited by3 opinions
- Webb v. SteeleSuperior Court of New Hampshire · 1842
- Hill v. WigginSuperior Court of New Hampshire · 1855
- Stevens v. EamesSuperior Court of New Hampshire · 1851