Lamoureux v. Morin
Supreme Court of New Hampshire
Foreign Attachment. Facts agreed, and case transferred from the November term, 1902, of the superior court by Young, J. The defendant was employed by the city of Berlin as a laborer in the street department. He was hired by and worked under John B. Noyes, highway commissioner of the city. May 17,1902, the defendant, for a valuable consideration, assigned to Joseph Lambert all wages to be earned while in the employ of the city.
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Foreign Attachment. Facts agreed, and case transferred from the November term, 1902, of the superior court by Young, J. The defendant was employed by the city of Berlin as a laborer in the street department. He was hired by and worked under John B. Noyes, highway commissioner of the city. May 17,1902, the defendant, for a valuable consideration, assigned to Joseph Lambert all wages to be earned while in the employ of the city. The assignment was presented to Noyes, who wrote upon its face, “Accepted, John B. Noyes, street commissioner.” The assignment and alleged acceptance were duly recorded…
1Opinion of the CourtBemick, J.
It is agreed that “the city council never authorized the highway commissioner or any other person to accept assignments ”; but viewed in the light of the record as a whole and the briefs of counsel oii both sides, this is understood to mean only that there had been no formal authorization. It is further agreed that “for several years the highway commissioner had been accustomed to accept assignments of wages made by men working under him, and the wages afterward earned by the assignors had been paid to the assignees by the city treasurer.” From this course of dealing, the superior court was…
2Cases cited1 opinion
- O'Neil v. DunnSupreme Court of New Hampshire · 1885
3Cited by1 opinion
- Sinclair v. Town of BowSupreme Court of New Hampshire · 1984