Pollard v. Pollard
Supreme Court of New Hampshire
Foreign Attachment. Pacts found by the court. In 1894, the defendant and Eaymond M. Pollard jointly contracted to erect a sehoolhouse for the Lempster School District, agreeing between themselves to share the profits and losses of the contract equally. The district acted by its building committee, consisting of three persons, of whom Arthur L. Benway was one.
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Foreign Attachment. Pacts found by the court. In 1894, the defendant and Eaymond M. Pollard jointly contracted to erect a sehoolhouse for the Lempster School District, agreeing between themselves to share the profits and losses of the contract equally. The district acted by its building committee, consisting of three persons, of whom Arthur L. Benway was one. May 3, 1894, the defendant gave the claimant an order as follows: “ Lempster, May 3d, 1894. Mr. Arthur L. Benway: Please pay Mrs. Mabel L. Nichols eighty-two dollars and charge the same to my account, it being for forty-one weeks’…
1Opinion of the CourtChase, J.
The order was, in effect, an equitable assignment, by Rolon 1). and Raymond M. Pollard to the claimant, of a part of their claim against the Lempster School District. Conway v. Cutting, 51 N. H. 407; Garland v. Harrington, 51 N. H. 409. Although it is addressed to Benway personally, and is signed by Rolon only, and directs the charging of the sum mentioned to his account, the circumstances show that all parties understood it referred to the money that would become due to the Pollards jointly from the district upon the completion of their contract. Benway was one of the three members of the…
2Cases cited2 opinions
- Brown v. MansurSupreme Court of New Hampshire · 1886
- Gage v. DowSupreme Court of New Hampshire · 1879
3Cited by4 opinions
- In Re Dodge-Freedman Poultry CompanyDistrict Court, D. New Hampshire · 1956
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- What Cheer Savings Bank v. MowerySupreme Court of Iowa · 1910
- Glauber Manufacturing Co. v. Voter & Tr.Supreme Court of New Hampshire · 1901