Wright v. First Crockery Ware Co.
Superior Court of New Hampshire
THIS was an action of assumpsit. The declaration contained two counts : 1. a quantum meruit, for work and labor, estimated at 211 dollars, 14 cents: 2. on an account annexed to the writ, in which the same work and labour was charged, and the balance of which account amounted to 211 dollars 14 cents.
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THIS was an action of assumpsit. The declaration contained two counts : 1. a quantum meruit, for work and labor, estimated at 211 dollars, 14 cents: 2. on an account annexed to the writ, in which the same work and labour was charged, and the balance of which account amounted to 211 dollars 14 cents. The cause was tried here at the last term upon the general issue, when it appeared in evidence that on the 17th March, 1815, the defendants being indebted to the plaintiff in the sum of 211 dollars 14 cents, as stated in the declaration, one Samuel Dakin, who was then the agent of the corporation,…
1Opinion of the Court
The opinion of the court was delivered by
Woodbury, J.
It seems to be well settled that if a creditor agrees to accept the promissory note of his debtor, or of a third person, in satisfaction of a simple contract debt, the debt is extinguished(1.) But such an agreement is not binding, if the creditor is induced to enter into it by the misrepresentations of the debtor;(2) nor if the note received *282turn out to be forged ;(3) or of no value, unless the creditor specially agreed to take the risk;(4) nor if it be void for want of a stamp(5.) Nor will the agreement be binding when the note turns out…
2Cases cited5 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Clark v. Robert Young & Co.Supreme Court of the United States · 1803
- Harris v. JohnstonSupreme Court of the United States · 1806
- Swift v. HathawayU.S. Circuit Court for the District of Massachusetts · 1813
3Cited by9 opinions
- Hutchins v. OlcuttSupreme Court of Vermont · 1832
- Jaffrey v. CornishSuperior Court of New Hampshire · 1840
- Elliot v. SleeperSuperior Court of New Hampshire · 1823
- Willie v. GreenSuperior Court of New Hampshire · 1821
- Wentworth v. WentworthSuperior Court of New Hampshire · 1831
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