Hall v. Congdon
Supreme Court of New Hampshire
From Coos Circuit Court. In Equity. This is the same case reported 55 N. H. 104. The plaintiff proposed to amend his bill, and in the bill as amended were contained the following averments : “ And thereupon, on the 26th day of February, 1861, the plaintiff, by his agent, paid to the said Quimby, the agent of the said town of Pittsburg, towards said lands, the sum of $500, to wit, one horse at the price of $100, and the rest in money, which was the money of the plaintiff; and…
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From Coos Circuit Court. In Equity. This is the same case reported 55 N. H. 104. The plaintiff proposed to amend his bill, and in the bill as amended were contained the following averments : “ And thereupon, on the 26th day of February, 1861, the plaintiff, by his agent, paid to the said Quimby, the agent of the said town of Pittsburg, towards said lands, the sum of $500, to wit, one horse at the price of $100, and the rest in money, which was the money of the plaintiff; and said Congdon took a conveyance of said lands of said town of Pittsburg, the deed thereof being made and executed by…
1Opinion of the Court
FROM COOS CIRCUIT COURT. The questions which arise are upon the admission of the proposed amendments. The objections are principally two: (1) that the amendment changes the cause of action; and (2) that the bill as amended will still be bad as stating a cause of action which cannot be proved by oral testimony, it being understood from the past history of the case that the plaintiff has no other.
The subject-matter of this suit is a tract of land lying in the county of Coos, the title to which is alleged to be in the defendants, one or both of them, and the ownership in the plaintiff. The…
2Cases cited6 opinions
- Pritchard v. BrownSuperior Court of New Hampshire · 1828
- Dryden v. HanwayCourt of Appeals of Maryland · 1869
- Fleming v. McHaleIllinois Supreme Court · 1868
- Page v. PageSuperior Court of New Hampshire · 1836
- Jarvis v. BrooksSuperior Court of New Hampshire · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- French v. Pearson A.Supreme Court of New Hampshire · 1946