Livermore v. Rand
Superior Court of New Hampshire
Assumpsit on an account annexed for services rendered as counsel for the defendant. Plea, the general issue. The action was committed to an auditor, who reported that he disallowed the whole of the plaintiff’s claim, and allowed the defendant’s set-off.
Read the full summary
Assumpsit on an account annexed for services rendered as counsel for the defendant. Plea, the general issue. The action was committed to an auditor, who reported that he disallowed the whole of the plaintiff’s claim, and allowed the defendant’s set-off. It appeared on the hearing, that the plaintiff had been employed by one Philip C. Rand, to commence a suit against Joseph Dodge, returnable at the September term, 1841, of the court of common pleas for this county, in the progress of which suit the services in question were rendered. Before the September term, 1842, or about that time, Ran.d…
1Opinion of the CourtGilchrist, C. J.
The administrator is liable to pay the plaintiff for his services from the time he employed him. He stands to the plaintiff in the relation of any other employer. He might have made a special contract, excluding any personal liability on his part, if he had chosen to do so. But as the case stands, there is nothing to relieve him from his liability. No other promise is necessary than that implied from the employment. Trueman v. Tilden, 6 N. H. Rep. 201. After that, the debt, as it accrued, was not the debt of the estate, but of the administrator.
A partial payment is not evidence that the…
2Cases cited5 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Hilton v. BurleySuperior Court of New Hampshire · 1820
- Morse v. WoodsSuperior Court of New Hampshire · 1830
- Blair v. DrewSuperior Court of New Hampshire · 1833
- Trueman v. TildenSuperior Court of New Hampshire · 1833