58 N.H. 327
Supreme Court of New Hampshire
Decided June 5, 1878
Supreme Court of New Hampshire · decided 1878-06-05
Assumpsit, for money had and received. The plaintiff, when a minor, bought and received of the defendant certain chattels at an agreed price, in part payment of a debt of $1,100 (money had and received) due him from the defendant. While still a minor he sold the chattels, and is unable to restore them to the defendant. After coming of age, he brought this suit to recover the $1,100.
Relies on Young v. Stevens · Carr v. Clough · Heath v. West
Good law ✅— No negative treatment on recordhow we know
Decided 1878-06-05
Cited by 5 later decisions — most recently May 1924
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 The defendant has made no effort, by brief or argument, to maintain his exception, and it is untenable. Carr v. Clough, 26 N. H. 280, 293, 294; Heath v. West, 28 N. H. 101, 110; Locke v. Smith, 41 N. H. 346, 353; Young v. Stevens, 48 N. H. 133, 137; Heath v. Stevens, 48 N. H. 251; 2 Kent Com. (12th ed.) 236, n. 1, 240; Benjamin on Sales, s. 27, n. If the chattels were necessaries, the plaintiff was not chargeable for more than their value.
¶2 Judgment on the verdict.