Kaley v. Abbot
Superior Court of New Hampshire
Foreign Attachment. The case was submitted to this court for decision upon the following facts. In the month of March, 1842, the trustees of the Asylum made an agreement with Theodore Abbot to supply them with a quantity of locks, and, before the service of the writ in this suit, he delivered the locks to the value of $55.13. Immediately after the suit was commenced he notified them that he had been acting as agent for Ephraim Abbot, and should not furnish any more locks on…
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Foreign Attachment. The case was submitted to this court for decision upon the following facts. In the month of March, 1842, the trustees of the Asylum made an agreement with Theodore Abbot to supply them with a quantity of locks, and, before the service of the writ in this suit, he delivered the locks to the value of $55.13. Immediately after the suit was commenced he notified them that he had been acting as agent for Ephraim Abbot, and should not furnish any more locks on the contract. The Trustees then made a contract with Porter & Rolfe, who furnished them with locks, &c., amounting in…
1Opinion of the CourtGilchrist, J.
The Trustees, having contracted with Theodore Abbot, he supplied them, before the commencement of this suit, with locks amounting in value to $55.13. Upon the service of the writ he notified them that he was only an agent for Ephraim Abbot; and they then made a contract with Porter & Rolfe for the locks, which were supplied them by Theodore Abbot. The Trustees did not know of the agency, until this suit was commenced. In this state of facts, Ephraim Abbot had a claim upon the Trustees for the price of the locks, as soon as the notice was given them ; and he might have recovered the price in a…
2Cases cited2 opinions
- Boardman v. CushingSuperior Court of New Hampshire · 1841
- Haven v. WentworthSuperior Court of New Hampshire · 1819
3Cited by1 opinion
- Corning v. RecordsSupreme Court of New Hampshire · 1898