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7 N.H. 397

Heaton v. Angier

Superior Court of New Hampshire

Decided July 15, 1835

Superior Court of New Hampshire · decided 1835-07-15

This was assumpsit for a waggon sold and delivered. The cause was tried upon the general issue, at October term, 1834, and a verdict taken for the plaintiff, subject to the opinion of the court upon the following case. The plaintiff, on the 29th March, 1832, sold the waggon to the defendant at auction for $30,25. Immediately after-wards, on the same day, one John Chase bought the waggon of the defendant for $31,25.

Good law ✅— No negative treatment on recordhow we know

Decided 1835-07-15

How this case has been cited

Cited by 13 later decisions — most recently November 1924

1 federal appellate · 11 state decisions

301835184018501860187018801890190019101920decided

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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Gkeen, J,,

¶1delivered the opinion of the court.

¶2In Tatlock vs. Harris, 3 D. & E. 180, Duller, J., said: “ Suppose A owes B £100, and B owes C £100, and the *398three meet and it is agreed between them that A shall pay C the £100 : B’s debt is extinguished, and C may recover that sum against A.”

¶3The case thus put by Buller is the very case now before us. Heaton, Angler and Chase being together, it was agreed between them that the plaintiff should take Chase as his debtor for the sum due from the defendant. The debt due to the plaintiff from the defendant was thus extinguished, It was an accord executed. And Chase, by assuming the debt due to the plaintiff,, must be considered, as having paid that amount to the defendant, as part of the price he was to pay the defendant for the waggon.

¶4The agreement of the plaintiff to take Chase as his debtor was clearly a discharge of the defendant. 5 B. & A. 228, Wilson vs. Coupland; 4 B. & C. 163, Wharton vs. Walker; 3 B. & C. 591, Cuxton vs. Chadley.

¶5A new trial granted.

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