Brown v. Rundlett
Superior Court of New Hampshire
Assumpsit, on an account annexed to tbe writ. The account was as follows : 1838. October 18. To 87 loads of gravel, at 8 cents per load, $6.96 The action was brought to the court of common pleas upon an appeal from the judgment of a justice of the peace.
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Assumpsit, on an account annexed to tbe writ. The account was as follows : 1838. October 18. To 87 loads of gravel, at 8 cents per load, $6.96 The action was brought to the court of common pleas upon an appeal from the judgment of a justice of the peace. At the trial in that court, the plaintiff offered to show that the defendant was a surveyor of highways in the town of Epping; that he took from the land of the plaintiff’s intestate eighty-seven loads of gravel, to be used on the highways, which was actually so used, and agreed that the plaintiff’s intestate, who was then living, should…
1Opinion of the CourtWoods, J.
This is an attempt to charge a highway surveyor personally with the price or value of certain gravel, furnished at his instance and request for, and used in the repairs of a highway, in the town of Epping.
The question to be decided is, whether, upon the facts reported by the judge, the defendant is personally liable as having contracted upon his own account, or by reason of his conduct after the contract was made for the gravel, or whether the claim is one for which the town of Epping is alone liable.
Was the promise to pay for the gravel a personal undertaking originally on the part of the…
2Cases cited11 opinions
- Hodgson v. DexterSupreme Court of the United States · 1803
- Adams v. HopkinsNew York Supreme Court · 1810
- Mauri v. HeffernanNew York Supreme Court · 1816
- S. & J. Rathbon v. BudlongNew York Supreme Court · 1818
- Brown v. AustinMassachusetts Supreme Judicial Court · 1804
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3Cited by1 opinion
- Boston, Concord & Montreal Railroad v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1888