Jewett v. Davis
Superior Court of New Hampshire
This was a writ of error, on a judgment of the court of Common Pleas, The action was assumpsit upon an account annexed to the writ, brought by Davis against Jewett.
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This was a writ of error, on a judgment of the court of Common Pleas, The action was assumpsit upon an account annexed to the writ, brought by Davis against Jewett. The defendant prayed judgment of the writ, because, at the time of the making of the said supposed promise, the said Aaron Jewett, junior, was joint partner with one Aaron Jewett, who is still living, and the said promise^ if any, was made by the said Aaron Jewett, jointly with the defendant, and not by the defendant alone. To this the plaintiff replied, that the said promise was made by the said Aaron Jewett, junior, alone, in…
1Opinion of the CourtRichardson, C. J.
It is objected, that there is error in the judgment of the court below, because judgment was rendered for the1 *520plaintiff to recover his damages, instead of a judgment of respondeat ouster. But in this respect the judgment was correct. It was so settled in the case of Dodge v. Morse, 3 N. H. Rep. 232.
It is also contended, that the court below improperly ruled that the burthen of proof was, as the pleadings stood, upon the defendant. Whether this objection, if well founded, would constitute a legal ground for reversing the judgment we shall not stop to enquire, because we are of opinion, with…
2Cases cited2 opinions
- Ames v. WithingtonSuperior Court of New Hampshire · 1824
- Dodge v. MorseSuperior Court of New Hampshire · 1825
3Cited by6 opinions
- Allen, Cummings & Co. v. AldrichSuperior Court of New Hampshire · 1854
- Pettes v. BinghamSuperior Court of New Hampshire · 1840
- Clough v. CloughSuperior Court of New Hampshire · 1852
- United States v. BrundageCourt of Appeals for the Sixth Circuit · 1943
- Little v. WhiteSuperior Court of New Hampshire · 1836
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