Barrett v. Barron
Superior Court of New Hampshire
Debt on bond, dated on the 13th day of December, 1832. The defendant craved oyer of the condition, which was to pay all damages that the plaintiffs might sustain in consequence of the dam built across the Ammonoosuck river by the defendant, and to repair all damages done by the water to the farm bought by the plaintiffs of Guy Young, caused by the erection of the dam, and to pay the plaintiffs or their assigns all damages that said farm .might thereafter sustain in…
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Debt on bond, dated on the 13th day of December, 1832. The defendant craved oyer of the condition, which was to pay all damages that the plaintiffs might sustain in consequence of the dam built across the Ammonoosuck river by the defendant, and to repair all damages done by the water to the farm bought by the plaintiffs of Guy Young, caused by the erection of the dam, and to pay the plaintiffs or their assigns all damages that said farm .might thereafter sustain in consequence of the dam. He then pleaded non est factum, and under it offered in evidence the deposition of Guy Young to prove the…
1Opinion of the Court
Gilchrist, J.*
The defendant alleges that the bond on which this suit is brought has been cancelled by the agreement of the parties. If this be so, the action must fail, and an enquiry into the other points raised by the case will be unnecessary.
It appears from the case, that after Young had conveyed the farm to the plaintiffs, he granted to the defendant the right to build the dam. It is not shown that the grant was made upon any other consideration than the execution of the bond now in suit; and Young, therefore, could have had no other interest in requiring the bond, than to protect either…
2Cases cited2 opinions
- Morse v. ChildSuperior Court of New Hampshire · 1834
- Farrar v. FarrarSuperior Court of New Hampshire · 1827
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- Marshall v. CobleighSuperior Court of New Hampshire · 1846