From Hillsborough Circuit Court. Assumpsit, to recover $65.07, being the amount due the plaintiffs for a carpet and rug sold by them to the defendant. Plea, the general issue, with a brief statement alleging that the defendant is the wife of R. P. Hall, and was at the time of the purchase of said goods.
Cited by 2 later decisions — most recently June 1886
¶1
The defendant is estopped to deny that she had a check for $100. The contract, then, was a contract in respect to that $100; and, according to
Hammond
v.
Corbett,
51 N. H. 311, she is liable. In view of recent legislation (ch. 32, Acts of 1876 — 2 Sess. Laws 580), we do not feel called upon to overrule that case, or to question the soundness of that decision. The court probably went to the extreme verge in that case, in the construction of the statute of 1867 (Gen. Stats., ch. 164, sec. 13), of which it was capable.
