Allen v. Webb
Superior Court of New Hampshire
Assumpsit, on a promissory note dated October 8th, 1847, payable to one John Hopkinson, or order, for $150, on the first day of June following, with interest annually, and endorsed by Hopkinson to the plaintiff.
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Assumpsit, on a promissory note dated October 8th, 1847, payable to one John Hopkinson, or order, for $150, on the first day of June following, with interest annually, and endorsed by Hopkinson to the plaintiff. It appeared on trial that the plaintiff, Charles B. Allen, was a nominal party only; that the note was the property of one Dorcas Hopkinson, the mother of the said John, and was given under the following circumstances: A suit was pending in the State of Vermont, in favor of the said Dorcas Hopkinson against the town of Guildhall, founded upon judgments recovered against one Steele and…
1Opinion of the CourtEastman, J.
Although this suit was instituted in the name of the plaintiff, Allen, it appears that the real plaintiff is one Dorcas Hopkinson, and the case presented is this: Dorcas Hopkinson had a suit pending against the town of Guildhall, in Yermont, to recover for the default of a constable. The defendants were the sureties of the constable, and were interested to have the suit terminated. By an agreement between them and the attorney of Dorcas, they gave their notes, one of which is now in suit, to have the action against the town settled. It was also a part of that agreement that Dorcas should…
2Cases cited1 opinion
- Luey v. BundySuperior Court of New Hampshire · 1838