Titus v. Ash
Superior Court of New Hampshire
Assumpsit. It was alleged in the declaration that on the 10th day of November, 1833, David Ash died seized of real and personal estate, in which his daughter Hannah, the wife of the plaintiff, had an interest, and that the defendant, in consideration that the plaintiffs would make to him an acquittance of all the right which the plaintiffs had in the estate, promised the plaintiffs to pay them on demand the sum of seventy-five dollars.
Read the full summary
Assumpsit. It was alleged in the declaration that on the 10th day of November, 1833, David Ash died seized of real and personal estate, in which his daughter Hannah, the wife of the plaintiff, had an interest, and that the defendant, in consideration that the plaintiffs would make to him an acquittance of all the right which the plaintiffs had in the estate, promised the plaintiffs to pay them on demand the sum of seventy-five dollars. It was then alleged that the plaintiffs made and delivered to the defendant an acquittance of all their right, which was accepted by the defendant. Plea, the…
1Opinion of the CourtPerley, J.
The declaration alleged that the wife of Titus had an interest in the estate of David Ash, and that the promise declared on was made in consideration that the plaintiffs would make to the defendant an acquittance of all the right they had in the estate, and that the plaintiffs made an acquittance accordingly of all their right, to the defendant. The defendant objects that there is a variance, because the case shews that neither of the. plaintiffs had any interest in the estate of David Ash.
Taking it to be the fact, that neither of the plaintiffs had any *325interest in the estate, the…
2Cases cited17 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Atwood v. WeltonSupreme Court of Connecticut · 1828
- Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
- Quarles v. QuarlesMassachusetts Supreme Judicial Court · 1808
- Earnest v. EarnestSupreme Court of Pennsylvania · 1835
12 more not listed; retrieve them via the Exa API.