Allen, Cummings & Co. v. Aldrich
Superior Court of New Hampshire
Assumpsit, on an account annexed to the writ, amounting to $51,85 debt, with a credit of $14,76. The plea was the general issue, with a payment into court of five dollars under the general rule.
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Assumpsit, on an account annexed to the writ, amounting to $51,85 debt, with a credit of $14,76. The plea was the general issue, with a payment into court of five dollars under the general rule. The case had been referred to an auditor, whose report was laid before the jury as prima facie evidence of so much of the claim as he allowed ; being $46,57. The credit being deducted, left a balance of $25,81. The controversy between the parties related chiefly to certain items of the account charged under date of October 4, 1850, amounting to $17,01, and other small articles charged between October…
1Opinion of the CourtEastman, J.
Quite a number of questions were raised upon the trial of this action, relating chiefly to the competency of evidence, which we have not deemed necessary to report, inasmuch as, according to our views, the decision of the case turns upon one or two points. Even some of the matters which are stated, have been reported merely that a more correct view of the controversy between the parties might be had.
The goods, for the payment of which this action was brought, were furnished by the plaintiffs to the defendant’s *72wife, while she was living apart from her husband, the separation growing out of…
2Cases cited11 opinions
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Hilton v. SouthwickSupreme Judicial Court of Maine · 1840
- State v. HascallSuperior Court of New Hampshire · 1833
- Jewett v. DavisSuperior Court of New Hampshire · 1834
- Walker v. SawyerSuperior Court of New Hampshire · 1842
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3Cited by3 opinions
- Daigle v. City of PortsmouthSupreme Court of New Hampshire · 1987
- Southern New Hampshire Medical Center v. HayesSupreme Court of New Hampshire · 2010
- Southern New Hampshire Medical Center v. HayesSupreme Court of New Hampshire · 2010