Brown v. Brown
Supreme Court of New Hampshire
Teusteb process. It appeared at the bearing before Smith, J., by the deposition of the trustee, Granville Rowell, taken by the plaintiff, that the principal defendant entered into a written contract to iron twenty-four carriages for the trustee for the sum of $400 ; that during the performance of said contract the defendant appropriated to 1ns own use stock and materials belonging to the trustee, without the permission of the trustee, and without his knowledge till after the…
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Teusteb process. It appeared at the bearing before Smith, J., by the deposition of the trustee, Granville Rowell, taken by the plaintiff, that the principal defendant entered into a written contract to iron twenty-four carriages for the trustee for the sum of $400 ; that during the performance of said contract the defendant appropriated to 1ns own use stock and materials belonging to the trustee, without the permission of the trustee, and without his knowledge till after the service of the writ upon him. The defendant gave the trustee credit upon his books for the stock so used, in the sum of…
1Opinion of the Court
There is no equity in the claim which the plaintiff here seeks to enforce by the equitable process of foreign attachment.
It is doubtless well settled, as suggested by the plaintiff's counsel, that, ordinarily, a set-off of unliquidated damages is not allowable; though an unliquidated demand capable of being reduced to a certainty by a simple calculation may be set off. Drew v. Towle, 27 N.H. 427. The case finds that the defendant, during the performance of his contract with the trustee, and in aid of that performance, "appropriated to his own use stock and materials belonging to the trustee,…
2Cases cited1 opinion
- Drew v. TowleSuperior Court of New Hampshire · 1853