Hutt v. Hickey
Supreme Court of New Hampshire
Case. The declaration contains three counts. In the first the plaintiffs aver that on the 17th clay of November, 1890, tbe defendant bargained with tbe plaiutiffs to cut from certain land in Berlin from 1,200,000 feet to 1,800,000 feet of mill logs, and deliver tbe same at the Ammonoosuc river at a price of $3 per thousand, and falsely and fraudulently warranted tbe land to be the property of the defendant, thereby inducing the plaintiffs to enter upon said land for the…
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Case. The declaration contains three counts. In the first the plaintiffs aver that on the 17th clay of November, 1890, tbe defendant bargained with tbe plaiutiffs to cut from certain land in Berlin from 1,200,000 feet to 1,800,000 feet of mill logs, and deliver tbe same at the Ammonoosuc river at a price of $3 per thousand, and falsely and fraudulently warranted tbe land to be the property of the defendant, thereby inducing the plaintiffs to enter upon said land for the purpose of removing the lumber as per their contract; that the said land was not the land of the defendant, but of Wright…
1Opinion of the CourtCarpenter, J.
The first two counts are case for deceit; the third is assumpsit. The question whether counts for distinct and separate wrongs, for which by law redress must be sought in different forms of proceeding, may be joined in the same action, is not raised. Hallock v. Powell, 2 Cai. 216, 217. The injury complained of in each of the three counts is substantially the same. It is the defendant’s want of and failure to procure the title which he represented and contracted that he had in the timber which the plaintiffs agreed to cut and haul, whereby they were prevented from performing their agreement.…
2Cases cited5 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Morey v. King, Fuller & Co.Supreme Court of Vermont · 1877
- Hallock v. PowellNew York Supreme Court · 1804
3Cited by11 opinions
- Phillips v. HallDistrict Court of Appeal of Florida · 1974
- Hubbard v. GouldSupreme Court of New Hampshire · 1906
- Johnson v. Waisman Bros.Supreme Court of New Hampshire · 1944
- Hildreth v. BergeronSupreme Court of New Hampshire · 1970
- Steinfield v. Monadnock MillsSupreme Court of New Hampshire · 1923
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