Cook v. Gilman
Supreme Court of New Hampshire
Assumpsit. The writ was dated October 4, 1852, The declaration contained two counts, one on an account annexed, consisting of a single item of $18.18, for “ one single harness,” charged as sold by the plaintiff to the defendant, March 28, 1852 ; the other for $20.00, money had and received.
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Assumpsit. The writ was dated October 4, 1852, The declaration contained two counts, one on an account annexed, consisting of a single item of $18.18, for “ one single harness,” charged as sold by the plaintiff to the defendant, March 28, 1852 ; the other for $20.00, money had and received. In his specification the plaintiff stated his claim to be for the value of a harness which he sold and delivered to the defendant on the twenty-seventh of March, 1852, and in payment for which the defendant on that day transferred to him the note of John Whiting, jr., for $18.00, dated February 1, 1852,…
1Opinion of the CourtPbrley, C. J.
The bargain between these parties, as stated in the case, was in substance an exchange of the harness for the note of Whiting, with perhaps some boot paid in addition to the note. It was not a sale of the harness for eighteen dollars, or any other sum in money, and a transfer of the nofe to pay or secure the price. It was part of the original contract of sale or exchange that the note should be taken as payment, or towards payment, for the harness. There is nothing in the case tending to show that the parties undertook to fix any definite price as the real or agreed value of the harness. The…
2Cases cited4 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Stewart v. DoughertyCourt of Appeals of Kentucky · 1835
3Cited by1 opinion
- Spencer v. St. ClairSupreme Court of New Hampshire · 1876