Greenleaf v. Burbank
Superior Court of New Hampshire
Assumpsit. The declaration stated that the defendant and one E. G. Eastman, now deceased, were on the 1st of April, 1837, jointly indebted to the plaintiff in the sum of ■$25, for goods before that time delivered to said Eastman & Burbank, they being partners in the lumbering business, and said goods being delivered on account of and for the benefit of said firm; and the plaintiffs on the 5th of May, 1837, received the note of Eastman for the goods, and discharged .and…
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Assumpsit. The declaration stated that the defendant and one E. G. Eastman, now deceased, were on the 1st of April, 1837, jointly indebted to the plaintiff in the sum of ■$25, for goods before that time delivered to said Eastman & Burbank, they being partners in the lumbering business, and said goods being delivered on account of and for the benefit of said firm; and the plaintiffs on the 5th of May, 1837, received the note of Eastman for the goods, and discharged .and settled the account against the firm ; and afterwards, on the 1st of December, 1837, Eastman died, and the plaintiffs…
1Opinion of the CourtParker, C. J.
The declaration sets forth divers facts, and the plaintiffs ask,to sustain their suit upon several different grounds. It may, perhaps, facilitate our investigations, to enquire, in the first place, what is the gravamen of the action.
The declaration states that the defendant and one E. G. Eastman, now deceased, were, on the first of April, 1837, jointly indebted to the plaintiffs in the sum of $25, for goods before that time delivered to them, they being partners, and the goods having been delivered on account of and for the benefit of the firm. But it does not allege that in consideration of…
2Cases cited2 opinions
- Jaffrey v. CornishSuperior Court of New Hampshire · 1840
- Alexander v. PierceSuperior Court of New Hampshire · 1840