Legal Opinion

Manning v. Wheeler

Superior Court of New Hampshire

Decided July 15, 1843PublishedCited by 4 opinions

Assumpsit, on an account annexed to the writ, for visits and medicines as a physician. Plea, the general issue and statute of limitations, to which the plaintiff replied a new promise.

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Assumpsit, on an account annexed to the writ, for visits and medicines as a physician. Plea, the general issue and statute of limitations, to which the plaintiff replied a new promise. The plaintiff produced a witness, who testified that within six years before the commencement of the suit, the defendant told him he had been unfortunate in business, and hád lost his property — that he owed debts which he was unable to pay, and mentioned the debt to the plaintiff among others, which he said he owed, but his son Edward, for whose benefit it was contracted, ought to pay it — that all the claims…

1Opinion of the Court

Gilchrist, J.. The evidence upon which the plaintiff re*487lies, is, that the defendant said he owed debts which he was unable to pay — that he owed the plaintiff, among others— that all the claims against him were just, and if he were able he should be willing to pay all his debts.

The first part of this acknowledgment, that he owed debts which he was unable to pay, is not sufficient, of itself, to take the case out of the operation of the statute. Atwood vs. Coburn, 4 N. H. Rep. 315. To this the defendant added, that all the claims against him were just, and if he were able, he should be willing…

2Cases cited5 opinions

  1. Exeter Bank v. SullivanSuperior Court of New Hampshire · 1833
  2. Betton v. CuttsSuperior Court of New Hampshire · 1840
  3. Doty v. HawkinsSuperior Court of New Hampshire · 1833
  4. Atwood v. CoburnSuperior Court of New Hampshire · 1828
  5. Russell v. CoppSuperior Court of New Hampshire · 1830

3Cited by4 opinions

  1. Premier Capital, Inc. v. GallagherSupreme Court of New Hampshire · 1999
  2. Butterfield v. JacobsSuperior Court of New Hampshire · 1844
  3. Douglas v. ElkinsSuperior Court of New Hampshire · 1853
  4. Ventris v. ShawSuperior Court of New Hampshire · 1843

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