Chapin v. School District No. 2
Superior Court of New Hampshire
Assumpsit, for labor done, materials furnished, and money expended, in the erection of a school house by the plaintiff, in district No. 2 in Walpole.
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Assumpsit, for labor done, materials furnished, and money expended, in the erection of a school house by the plaintiff, in district No. 2 in Walpole. The case was committed to an auditor, who reported* in . substance, as follows: I met the parties with their counsel, by agreement, at the school house in district No. 2 in Walpole, on Thursday, the seventh day of September instant, at nine of the clock in forenoon, for the purpose of executing the duties imposed upon me by the commission hereunto annexed, in the action Levi Chapin against school district No. 2 in Walpole. The plea was the…
1Opinion of the CourtEastman, J.
This action was brought by the plaintiff, in his individual capacity, for work and labor done and performed by him for the defendants, for materials furnished, and for money paid for them. Although he was one of a committee to erect the school house, yet it was in no official capacity that be claimed to recover, but for an indebtedness accruing to him as an individual. Under the circumstances of the case, his official character was not material to his right of recovery, and the action was properly brought Harris v. School District in Canaan, 8 Foster’s Rep. 58.
There appears to have been no…
2Cases cited3 opinions
- Mann v. LockeSuperior Court of New Hampshire · 1840
- Fuller v. LittleSuperior Court of New Hampshire · 1835
- George v. GreenSuperior Court of New Hampshire · 1843