Bean v. Jones
Superior Court of New Hampshire
This was an action of assumpsit, sued out the 2d of August, 1833. There were four counts in the plaintiff’s writ. The three first counts alleged the purchase of divers bills of merchandize by the plaintiff of the defendant, on a promise of six months’ credit without interest; and that prior to the expiration of said term of credit, the defendant sued out a writ of attachment against the plaintiff, in violation of said promise, and greatly to the damage of the plaintiff.
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This was an action of assumpsit, sued out the 2d of August, 1833. There were four counts in the plaintiff’s writ. The three first counts alleged the purchase of divers bills of merchandize by the plaintiff of the defendant, on a promise of six months’ credit without interest; and that prior to the expiration of said term of credit, the defendant sued out a writ of attachment against the plaintiff, in violation of said promise, and greatly to the damage of the plaintiff. For two of these bills of merchandize notes had been given, payable on demand and interest. The third bill- of merchandize…
1Opinion of the CourtUpham, J.
In this case there were several counts in the writ. In the three first counts the grievance complained of was that the plaintiff had purchased of the defendant certain articles of merchandize on six months’ credit, and that prior to the expiration of that time the defendant had caused a writ of attachment to be sued out to enforce payment, greatly to the damage of the plaintiff.
These counts were ultimately abandoned; and the plaintiff relies to sustain his suit on his right to recover the sum of §20,42, over payment by him to the defendant.
*152This sum was included in a note given in payment of…
2Cases cited5 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Cook v. BradleySupreme Court of Connecticut · 1828
- Edwards v. DavisNew York Supreme Court · 1819
- Inhabitants of Lancaster v. PopeMassachusetts Supreme Judicial Court · 1804
- Homes v. AeryMassachusetts Supreme Judicial Court · 1815
3Cited by1 opinion
- Marston v. MarstonSuperior Court of New Hampshire · 1850