Volume 8 — New Hampshire Reports

In Chancery. The bill alleged that Richard Gookin, deceased, and said Swazey, were seized of a certain tract of land in Haverhill, in fee simple, and as tenants in common, and bargained and sold the land to the plaintiff for the sum of $384, payable in four equal annual payments; — that the plaintiff gave his notes for the same, and said Gookin and Swazey agreed to execute and deliver to the plaintiff their writing obligatory, with a condition that if the plaintiff paid said…

Thomas Burleigh, who had been, during the years 1819, 1820, and 1821, guardian of the appellant and three other minor children of John Smith, late of Holderness, deceased, rendered accounts of his guardianship, in which he charged his wards certain sums for their support during those years, and credited them with the use and income of a farm belonging to the estate the same sums.

Libel for a divorce, for the cause of adultery. It appeared that the parties were married in Bath, in this state, but the husband was at the time an inhabitant of Vermont. In 1831, while the parties resided there, the husband came into this state and committed adultery. In 1832 he deserted bis wife, and she then returned to her friends in Lisbon, in this state. In 1833 he came to reside in Bristol.

Debt. The first count alleged, that on the 27th of May, 1808, the plaintiffs, by an indenture made between them and John Clifford and Timothy Clifford, demised, granted, and to farm, let to said John and Timothy, their executors, administrators and assigns, a certain tract of land in Warren, to have and to hold during the term of nine hundred and ninety-nine years, from the 1st of January, 1809 ; that the said John and Timothy by said indenture, covenanted with the…

Writ of Entry, in which the plaintiff demands a tract of land in Colebrook, being Settlers’ lot No. 18, so called.

Writ or Entry, brought to recover a tract of land in Stewartstown. Upon the trial in the common pleas, May term, 1835, it appeared that on the first of September, 1830, one P. Nichols brought an action against said Parsons, upon a promissory note, and at May term, 1832, recovered a judgment for debt and costs.

Scire Facias against the defendant as bail of one Stephen P. Shirley. The writ set forth the return of the officer on the execution against Shirley in these words: “ Coos ss., Oct. 1, 1833.

' This was an action on the case, brought against the defendant for enticing away one Andrew Bryant, a hired man in the plaintiff s employ.

Tins was a writ of entry, brought to recover a tract of land in Northumberland, and was tried upon the general issue, and a verdict taken by consent for the demandant, subject to the opinion of the court upon the following case.

The defendant is administrator of the estate of Abner Norcott, late of Columbia. The estate is administered in the insolvent course.

Debt upon a judgment rendered by a justice of the peace, in the county of Essex, in Vermont, on the 16th of January, 1819. The defendant pleaded in bar, that the supposed cause of action did not accrue at any time within six years, to which the plaintiff demurred.

This was a writ of entry, brought to recover a tract of land in Hawke. The tenant pleaded in bar of the action an entry by the demandant, after the disseizin alleged in the writ. To this the demandant replied, that afte% his said supposed entry, the tenant reentered and expelled him. And issue was joined upon the said reentry.

The plaintiff in this case sued out a writ, by which the sheriff was commanded to attach the goods or estate of the principal, and summon the trustee. The sheriff, in his return upon the writ, had stated that he had served it upon the principal by attaching certain property and giving him a summons.

Trover. This action was tried upon the general issue at February term, 1834, when it appeared that the defendant, being possessed of the articles mentioned in the declaration, on the 9th of February,… Held: that the defendants were not discharged from the amount of the bill. 1 Moody and Malkin 28, Taylor vs. Briggs.

Assumpsit. This actioa and all demands between the parties were submitted, by a rule of the court, to the determination of three persons, who made an award that the plaintiff recover of the defendant the sum of $>402 44 damage, and costs of reference, taxed at $61 48. The defendant objected to the award, that the referees had taken into consideration and decided matters which had not been submitted to them.

This was a petition for partition. The petitioner alleged that she was seized in fee of one undivided third part, of three tracts of land in Kensington. A part of one of the tracts mentioned in the petition was described as subject to an estate which Rebecca Brown had therein, during her widowhood. The respondents were alleged to be seized in ' fee each of. one undivided third part of the said tracts.

This was an action of trespass, in which the plaintiff alleged that the defendant, on the first day of May, 1834, broke and entered his close in Hampton, at Great Boar’s Head, so called, containing two and a half acres, more or less, and bounded, &c., and then and there dug up and carried away a great quantity of earth and gravel, &c. The plaintiff, in support of the action, produced a deed from the defendant of the close described in the declaration, dated the 24th day of…

Assumpsit upon promises of Benjamin Kittredge, the testator. 1. Upon an account annexed — 2, for work and labor —3, money had and received — and 4, money paid. The action was commenced on the 2d of June, 1832. The defendant pleaded — 1, the general issue, which was joined. 2. That the plaintiff never exhibited the demands declared on, to the defendant, before the service of the writ; on which there was an issue to the country. 3.

Debt upon a judgment of this court, rendered January term, 1830. Upon the trial, in the common pleas, the plaintiff offered ⅜ evidence the judgment described in his declaration. The defendants then showed that execution issued on said judgment on the 16th of January, 1830,. and on the 17th of February following was extended upon five several tracts of land, in Chester, as the estate of the debtors.

Debt upon a judgment. Upon the trial the plaintiff gave in evidence the judgment stated in the declaration. It appeared that an execution issued upon that judgment November 24, 1828, and on the next day certain goods were seized by virtue of the execution, as the property of Wason, and sold, and the proceeds of the sale, amounting to $20 08, in satisfaction of the execution, which was returned satisfied in part, and the balance afterwards paid.

Assumpsit for the support of Moses Thom and family, paupers, alleged to have their settlement in the town of Hawke. The cause was tried upon the general issue, and a verdict taken for the plaintiff, subject to the opinion of this court upon the following case.

Assumpsit for land sold and conveyed, and money had and received. After a verdict for the plaintiff, in the common pleas, the defendant’s counsel moved to set it aside, upon the following case.

Trover for several promissory notes. The cause was tried upon the general issue, and a verdict taken for the defendant, by consent, subject to the opinion of this court upon the following case. Previous to the year 1831, the town of Candia had been seized and possessed of a “parsonage lot” of land, and had sold the same for a large sum of money, which had been loaned to divers individuals, and the notes mentioned in the declaration taken in part therefor.

Assumpsit for the support of Nancy Smith and her illegitimate children, Daniel, Sally and Simeon, who have the settlement of Robinson Peters, otherwise called Robert Peters, whose settlement is in Exeter, unless prevented by the following proceedings in warning him out.

Debt on bond dated the 14th day of July, 1832, in the penal sum of f3000, with condition to build a bridge over Saco river, &c. Plea, non est factum and issue. The case was tried on the above issue at October term, 1835, when the signatures of the defendants to the bond were duly proved, and the same witness testified, that at the time of execution the name of Richard K. Young was not in the penal part of the bond.

Assumpsit for supplies, &c. furnished to Daniel Cate, and his wife, and their son John Cate. To the admission of the notice which had been given to the defendants^they objected, because it appeared that the supplies, or a part of them, had been furnished for the joint use and benefit of three individuals, and it did not appear how much was furnished for each one separately; but the court overruled the objection.

Assumpsit. The cause was tried in the common pleas, upon the general issue, and a verdict taken by consent for the plaintiff, subject to the opinion of this court upon the following case.

This was an action of assumpsit, sued out the 2d of August, 1833. There were four counts in the plaintiff’s writ. The three first counts alleged the purchase of divers bills of merchandize by the plaintiff of the defendant, on a promise of six months’ credit without interest; and that prior to the expiration of said term of credit, the defendant sued out a writ of attachment against the plaintiff, in violation of said promise, and greatly to the damage of the plaintiff.

Assumpsit. The contract laid in the first count was, that on the 9th of January, 1830, in consideration that the defendant was heir of James Cochran, deceased, and seized and possessed of certain lands as heir of the said James, and that the said James had in his life-time, by deed dated the 20th of January, 1815, conveyed certain lands to the plaintiff with warranty, the defendant promised the plaintiff’ to pay him one eighth part of the costs and expenses of defending a…

Case. The declaration alleged that the defendant, at, &c., “ maliciously intending to oppress, injure, and imprison the plaintiff,” purchased out of the clerk’s office a writ, (which it set forth at large,) and afterwards, on, &c., “ caused the plaintiff, by force of the same writ, to be arrested, and for want of sufficient bail to the same writ, which the plaintiff could not obtain, to be committed, The defendant demurred specially, and assigned, among others, the following…

Libel for a divorce, alleging extreme cruelty ; also, that the libellee had voluntarily abandoned the libellant, and absented himself from her for the space of three years together, without making a suitable provision for the libel-lant’s support and maintenance, it being all the time in the libellee’s power so to do ; and that the libellee had also absented himself for the term of three years without being heard of.

The indictment in this case alleged that the prisoner, on the 7th July, 1835, at Hudson, with force and arms one horse of the value of $100, one bridle of the value of $1,00, one frock coat of the value of $25, one saddle of the value of $10, of the goods and chattels of James Steele, did felon-iously steal, take and carry away.

Trespass for taking and converting certain goods and chattels of the plaintiff. The defendants pleaded the general issue, and filed a brief statement, setting forth that as selectmen and assessors of New-Boston, they assessed the plaintiff in the taxes of the town for the year 1830, and that the goods were taken as a distress for the non-payment of said taxes.

Assumpsit on a joint and several note, dated 24th February, 1833, for §50, with interest, payable to the plaintiff, or his order, in six months, signed by Roger Fuller and the defendant.

Scire facias against the defendant, as bail of Moses Bixby. — It was alleged that Sargent, at the February term of the superior court, 1833, recovered judgment against Bixby, &c.; — that Thornton became bail on the, original writ — that execution issued March 5, 1832, and was delivered to a deputy sheriff to be executed, who on the first of September, 1832, left at the last and usual place of abode of the said Thornton, in Merrimack, a notice in writing, that he held said…

Assumpsit upon an account for services rendered on a petition for a highway, and money laid out and expended about the same.

Bill in EquiTY. The plaintiff alleged in his bill, that previous to the 4th May, 1822, being desirous of purchasing lands, and being unable to pay for them, he made a contract with William Lamson, to advance money to the plaintiff to pay for lands purchased by the plaintiff, and to take deeds in Lamson’s name, in trust for the plaintiff: That afterwards, in pursuance of said agreement, the plaintiff bought at sundry times, of sundry persons, several tracts of land and took…

This was an indictment against the respondent for knowingly and maliciously putting the carcase of an animal into a well of water belonging to one David Wilson, situated near said Wilson’s dwelling house, and from which the respondent well knew the said Wilson, and his wife and family, were in the daily and constant habit of drawing water and drinking and using the same : and the indictment alleged that by reason of putting said carcase into said well the water thereof…

Trespass. The declaration alleged that the plaintiffs, on the second of January, 1835, were possessed of a certain toll-bridge, extending over and across the Connecticut river, from which the plaintiffs, before that time, were accustomed to obtain great profits by collecting tolls, &c. But the defendants, contriving, &c. did, on said second day of January, with force and arms, enter upon said bridge, and sell and dispose of the same to their own use, whereby the plaintiffs…

This was assumpsit on a contract, of which the following is a copy : “ Croydon, Sept. 10, 1833. “ For value received I promise to pay Alva Clement the tanning of eight tons of hides, to be tanned annually — One ton in 1834, two tons in 1835, two tons in 1836, two tons in 1837, one in 1838 ; said hides to be tanned into sole leather in a workmanlike manner; said hides to be delivered to said William’s tan-yard in Grantham.

This was an action on the case for slanderous words. It was alleged in the declaration that the plaintiff is, and for some years last past hath been, a trader, in the employment of a co-partnership with N. Currier, by occupation, and hath, during all that time and now doth, exercise and carry on for his livelihood the calling and business of a trader and vender of goods and merchandize.

Trespass quare clausum. The case was tried at November term, 1834, on the general issue, with a brief statement, in substance that Liberty Johnson, the defendant, entered the locus in quo under a license from the plaintiff, and the other defendants acted as his servants. A verdict was taken for the plaintiff, subject to the opinion of the court on the following case.

This was assumpsit for money had and received, and for money lent. The cause was tried upon the general issue, when it appeared that some time previous to October, 1833, the defendant had given a note for f 50, payable to Ambrose Foss, the intestate, or order, in June, 1834. In October, 1833, Foss died. Immediately after the death of Foss, on the same day, the note was seen in the hands of his widow, and it went into the hands of one Prescott the same evening.

Assumpsit for money had and received. In support of his action, the plaintiff offered in evidence a writing in the following terms: “ Orford, March id, 1830. — Then settled with B. N. Filer book accounts with Orsemus R. Filer, from March, 1826, up to this date, and find due on said settlement to said O. R. Filer the sum of $24 27 to balance the same. “ I, however, claim some amount due me as a balance of labor, &c., on account previous to March, 1826, which is not settled…

This was assumpsit on an account annexed to the writ. The cause was tried on the general issue, and a brief statement was filed, alleging the causes of defence disclosed in this case. [t was admitted that Harris, the defendant, was a partner in the firm of Burley & Harris, in whose name the suit was brought.

Assumpsit, upon a receipt signed by the defendants, Blodgett and Buffum, dated April 21, 1834, in substance as follows, viz. Received of William Morrison, D. Sheriff, all the goods in our store, of various kinds, all of the value of four hundred dollars, which we jointly and severally promise to keep safe, and deliver them safe and free of expense to said Morrison, or any other proper officer, on demand, or pay him four hundred dollars.

Case for slanderous words. The declaration contained the usual averments, and alleged that the plaintiff, at the time when, &e., was, and had been a trader, and had exercised and carried on, and did still exercise and carry on, the business of a country trader, and vender of goods, wares, and merchandize, &c.; that he had always maintained himself by honest, industrious attention to his business and calling aforesaid, and that the defendant, maliciously contriving to defame…

Assumpsit upon a promissory note, dated October 27, 1827, for the sum of §50, payable to one Samuel Ross, or order, on demand, with interest, and by him endorsed to the plaintiff. Upon the trial it was admitted that said Ross was the plaintiff in interest.

Writ of entry, to recover a farm in Peeling. Upon the trial it appeared, that one Samuel Newhall, being seized of the demanded premises, in the morning of the 11th of September, 1830, made a deed conveying the same to Sally Jones, the wife of the tenant, in fee, with a condition, that if she should pay to the grantor $205 50, in four years, with interest annually, the deed was to remain in force, but otherwise to be void.

Foreign Attachment. From the disclosure of the supposed trustee it appeared, that some time previous to the service of the writ on him, Perrin, the principal debtor, gave notice that he would sell certain real estate at auction — that at the time of sale the trustee attended, and at Perrin’s request, and upon his assurance that he should not be held to any bid he might make, he “ acted as a by-bidder,” and the premises were struck off to him — but the trustee stated that he…

Assumpsit, upon a promissory note, dated December 25, 1829, indorsed to the plaintiff.

In Chancery. The bill set forth, that prior to September 9, 1823, the partnership of Stone & Bellows, consisting of David Stone, and Josiah Bellows, 3d, had became liable as indorsers for the plaintiff, Josiah Bellows, 2d, and to relieve himself, he procured them to raise for him $2900 at the Cheshire Bank, and to execute their note to the bank for that sum, and that to secure and indemnify them he procured to be made to them a certain certificate, or evidence of debt,…

Trover for two oxen, two cows and a cart. The cause was tried upon the general issue at February term, 1836, when it appeared that on the 12th June, 1830, one Lemuel Cutler, being the owner of the property mentioned in the declaration, and being indebted to the plaintiff in the sum of $110, sold the said property to the plaintiff for that sum, and gave him an absolute bill of sale.

Tkespass for taking and carrying away certain goods of the plaintiff. The cause was tried upon the general issue at October term, 1835, when it appeared in evidence that Amos Kim-ball, on 16th September, 1833, being indebted to J. Stowell in the sum of $106 50, gave to Stowell a note for that amount, payable to Stowell or order on demand, which note Iddo Kimball signed as a surety.

This was an action of trespass. The first count was for breaking and entering the plaintiff’s close in Nottingham, and carrying away his wood. The second count was for taking and carrying away the plaintiff’s wood. The cause was tried upon the general issue at May term, 1836. The close described in the declaration was part of lot No. 27 in the Winter-street range, bounded on lot No. 26 in the Summer-street range of lots.

Assumpsit for certain services done and performed for the town of Nottingham, between the first day of June, 1835, and the first day of March, 1836, at the request of Joseph Gilley. The cause was tried at October term, 1836, upon the general issue, and a verdict returned in favor of the plaintiff.

Assumpsit for supplies furnished to Moses Thorn and his wife, and their two children, alleged to be paupers, and to have their settlement in Hawke. The cause was tried upon the general issue, at October term, 1836, when it was admitted that Thom applied to the selectmen of Poplin for relief, and that the supplies mentioned in the declaration were furnished, and due notice thereof given to the town of Hawke.

This was a libel, filed by a wife, and praying for a divorce, on the ground of extreme cruelty on the part of the husband.

Assumpsit. The third count set forth, that by an act, passed July 2, 1827, dividing Londonderry, and constituting Derry, it was provided that three-fifths of all personal estate, debts, claims, and taxes, then due to the town of London-derry, should be the property of Derry, and two-fifths the property of Londonderry : and that Derry should pay to Londonderry 02000, on account of real estate, and also three-fifths of all the debts, dues and liabilities of the old town of…

Trover, for sundry articles of household furniture. Upon the trial, in the common pleas, a verdict was directed for the plaintiffs, subject to be set aside and a new trial granted, if, in the opinion of this court, the action could not be sustained upon the following facts.

Review of an action of assumpsit, in which judgment was rendered in this court. The writ of review' was sued out from the office of the clerk of this court, returnable in the common pleas, where it was entered. The defendants in review moved the court to quash the writ, because it was not issued or sued out of the court to which it w7as made returnable, and was not under the seal of the court, nor signed by the clerk thereof.

Assumpsit. The declaration contained a count upon a promissory note made payable to the firm of M. & N. Burn-ham, or order, and endorsed; also a count for money had and received. Upon the trial, the plaintiff offered in evidence the note described in the declaration, and under the count for money had and received, two other notes, one payable to said M. & N. Burnham, or order, and one payable to one Benjamin George, or order, both of which were endorsed.

This was an action of debt. The plaintiffs’ declaration alleged that the defendants, on the 28th Nov.. 1833, were the owners of a certain dwelling-house in Portsmouth ; that said house was in such a state of decay and want of repairs, as, in the opinion of the fire-wards of said town, greatly to endanger the public safety, from its liability to take and communicate fire ; that the defendants, as owners, were ordered by said board of fire-wards to repair said house within…

This was an action on the case, against the defendants as executors of Joseph Akerman. The declaration alleged that the plaintiff, having an execution against one Frederick Cogswell, delivered the same to the said Joseph Akerman, a deputy sheriff, to be executed and returned ; and that Akerman neglected to return the execution.

It appeared by the disclosure of J. Simpson, the trustee in this case, that Joseph Ela, a deputy sheriff, having several writs in his hands in favor of several persons against Smith, the principal, went to Smith’s store, for the purpose of attaching property ; that Smith delivered to Ela his account books, and authorized Ela to collect the amount due upon the books and apply the amount collected to the payment of the debts of the creditors whose writs he had in his hands.

Assumpsit upon an account annexed to the writ, for sundry articles furnished for the use of Mary Cram, the wife, and Martha Cram, the daughter, of the defendant, between the 25th February and the 7th December, 1833. The cause was tried at October term, 1836, on the general issue, when it appeared that the defendant was married to the said Mary on the 28th May, 1818.

This was an action of trespass quare clausum fregit, commenced before a justice of the peace. The cause was tried before the justice, upon the general issue, with a brief statement, setting forth that there was a public highway through the close, and that the defendant, being surveyor of highways, entered and repaired the highway, which was the trespass of which the plaintiff complained.

Assumpsit upon a contract signed by the defendant, dated Sept. 18, 1830, whereby he acknowledged the receipt of two oxen, and promised to keep them free of expense, and deliver them to the plaintiff on demand.

Trover, for a mare. The conversion was alleged to have been on the 26th September, 1834. On the trial in the common pleas it appeared that the plaintiff, prior to the 15th of August, 1834, was the owner of the mare, and on that day mortgaged her to the defendant, with condition that the mortgage should be void on the payment of a note of §25 from the plaintiff to the defendant on or before the 15th of September. A part of the note was paid within the time.

Assumpsit, upon an account annexed, in which the defendant was charged, 1828. Feb. 9. — —45 bundles Shoe Shapes,! ton, 10 lbs, at $115, - - $115 51. Discount for cash, 3 per cent..3 40. $112 05.

Assumpsit, upon a promissory note for f6 50. The case was submitted on a statement of facts, in which it was agreed that the defendant signed the note, which was after-wards lodged with an attorney for collection, of which the defendant had notice — that on the 14th of March, 1835, the plaintiff caused an action to be commenced on it, returnable before a justice of the peace on the 28th of the same month —that on that day said justice was absent, and the writ was not entered…

This was an action of debt, upon a judgment of the court of common pleas for the county of Strafford, rendered at the April term of said court, in 1831, for the sum of $1403 26 damage, and for costs of suit upon a joint and several note, dated August 20, 1827, which note was executed to the plaintiff by Abraham and Jacob Wendell, (the present defendants) then partners in trade ; and by John N. Sherburne and John Blunt, then also partners in trade ; and by John Williams and…

Assumpsit upon an account annexed to the plaintiff ⅛ writ. Plea' — infancy. Replication, that the defendant, after he became of full age, assented to, ratified and confirmed the several promises mentioned in the declaration, with a traverse and issue on this fact.

This was a writ of entry, brought to recover a tract of land in Henniker, and was tried upon the general issue at September term, 1836. The parties were owners of adjoining lots of land ; and the land demanded in this suit was a strip lying on the dividing line, about eight feet wide and thirty rods long. The question was, where the dividing line between the lots was.

This was an action against the defendant, as a deputy sheriff, for neglecting to make an attachment of property, and to return a writ in favor of the plaintiff against one Richard Chapman. The writ was on a general count of money had and received ; and the plaintiff’s attorney in the original suit testified that it was intended to cover three notes in his hands at the time of suing out the writ.

This was an action of assumpsit for $50, money had and received, and was tried upon the general issue at September term, 1836. It appeared, that on the 4th of August, 1834, the defendant made a complaint in writing to a justice of the peace, that the plaintiff, on the 29th July, in the same year, wilfully wounded and maimed a hog belonging to the defendant, with intent to injure the owner thereof.

This was an action of assumpsit, for $750 money paid, laid out and expended. The cause was tried at February term, 1835, on the general issue, and a verdict taken, by consent, for the plaintiff, subject to the opinion of the court upon the following case. Ebenezer Lerned, the defendant’s testator, on the 25th July, 1827, gave to the Hopkinton Academy his note of hand for $500, which was signed by the plaintiff as Lern-ed ⅛ surety.

Wkit of Entry, to recover one undivided eighth part of two tracts of land in Sutton. The tenant pleaded the general issue. The demandant offered in evidence a title in one Caleb Kimball, and proved that said Caleb remained in possession until his decease a few years since, and that he left eight children, of whom the demandant is one.

Writ of Entry, to recover a tract of land in Salisbury. The tenant pleaded the general issue, and a special plea in bar as to twenty parts in twenty-one of the demanded premises, setting forth that said Whittemore, November 8, 1830, made application by petition, to this court, for partition of the demanded premises, representing that he was seized in fee simple of five undivided seventh parts, Sec., and that he was tenant in common with Joseph Bean, Jr.; and praying that his…

Petition for a highway in the town of Andover, alleging that the selectmen of said town had refused to lay out the same. The committee appointed by the court of common pleas, upon said petition, made a report laying out the highway. It appeared that a portion of said highway was laid over “ the Fourth turnpike road in New-Hampshire,” and damages were assessed to the turnpike corporation.

Assumpsit upon a promissory note, payable to one James West, and by him endorsed to the plaintiff. On the trial the said James was offered as a witness, to prove payment by the defendant, the maker, since the endorsement ; but. on his examination, it appeared that the note was an accommodation note, made for the benefit of the witness, and that the payment had been made from funds furnished by him.

This was a writ of entry, brought to recover a tract of land in Goffstown, and was tried upon the general issue at September term, 1836. It appeared that the parties were the owners of two adjoining lots ; each of which was bounded east by Merrimack river ; and the lot of the demandant lay southerly of the lot owned by the tenant.

This was an action upon the case. The declaration alleged, that whereas, on the 22d July, 1834, a flock of sheep, the property of the plaintiff, were in a certain close of the defendant, in Dunstable, and the defendant drove the said sheep from his close aforesaid, the defendant wrongfully and injuriously, and intending to injure the plaintiff, continued to drive and did drive the said sheep to a great distanee, to wit., a distance of three miles, and away from the…

This was an action of trespass, for an assault, battery and false imprisonment. The cause was tried upon the general issue, at February term, 1836. It appeared that on the 20th June, 1835, the defendant sued out a writ against George Melvil, by virtue of which he caused the plaintiff to he arrested and committed to prison, where he remained for more than sixty days.

Case, to recover the value of goods lost from the inn of the defendant.

Assumpsit upon a written contract, in the following words, viz. Amherst, Oct. 26', 18S0. I promise to M. H. Barker, the sum of $16 in one year from date, for a wood clock, or interest on the same and the clock uninjured. T. Jokes.

This was an action of debt, on a bond dated May 4,1832, in the sum of |>300. Plea nil debet, with a brief statement. It was admitted that the defendants made the bond described in the writ. The condition of the bond was, among other things, that Thomas Hills should save the town of Hudson harmless from the support and maintainance of a child of Hannah Sprakes, he having been charged as the father of the child, at May term of the Common Pleas, 1832.

Assumpsit for the support of Edward Bragg, a pauper. The pauper had the settlement of John Bragg, the grandfather, who went to reside in Wilton in January, 1779, and resided there more than a year after that time.

This was a bill in equity. The plaintiffs alleged that, having just claims against Rebecca Griswold, they brought a suit against her in the name of Reuben Dodge, and on the 13th October, 1834, caused a certain tract of land, lying in Walpole, and belonging to the said Rebecca, to be attached by virtue of the original writ in that suit — that the said writ was returned to the court of common pleas in this county at April term, 1835, when and where it was returnable, and the…

Petition to redeem certain lands in Surry which were under mortgage. It appeared, that on the 11th June, 1817, Elijah Fuller being seized of the William Ralston farm, in Surry, conveyed the same to Janette Ralston in fee and in mortgage, to secure the payment of six motes, amounting to $2700. On the 14th June, 1817, said Fuller conveyed the premises described in this petition, being part of the said Ralston farm, to Jonathan Harvey, with warranty.

Assumpsit for the support of Robert H. Wilkins, a pauper, alleged to have his settlement in Mont Vernon. The cause was tried upon the general issue, and a verdict was taken by consent for the plaintiff, subject to the opinion of the court upon the following case. The pauper has the settlement of his father, Jonathan Wilkins, who was legally settled in Mont Vernon previously to the year 1794.

TRover. for 1000 yards of white woolen cloth — alleged to have been converted by the defendant, December 30, 1835.

Appeals from a decree of the judge of probate for the county of Cheshire, allowing the administration account of W. Gordon, as executor of the last will of B. West.

The plaintiff in this case brought an action of assumpsit against Moses P. Durkee, and caused his estate to be attached by virtue of the original writ, which was returnable to the court of common pleas in the county of Sullivan, at October term, 1836. After the service of the writ, and previous to the said October term of the common pleas in said county of Sullivan, the said Moses P. Durkee died, and this defendant was appointed administrator of his estate.

Case. The declaration contained two counts. The first alleged that on the 14th of September, 1835, the defendant being possessed of a black mare that was unsound, broken winded, and good for nothing, and also of $190 : and the plaintiff being possessed of three colts, of the value of $300, the defendant, to induce the plaintiff to exchange the colts aforesaid for the mare and money aforesaid, falsely and fraudulently affirmed that the mare was sound and free from all defect.

This was a plea of land. The demanded premises were • described as being part of lot No. one, in the first range and second division of lots in Washington, and were particularly set out by metes and bounds. The plea was mil disseizin, which was joined. It was admitted that Joseph Bailey was the original owner of the premises described in the plaintiff's writ, and that there was a dam, a corn-mill and a saw-mill on the premises at that time. . .

This was an action of assumpsit on a note in the following words : Croydon, September 10, 1833. For value received I promise to pay Alva Clement the tanning of eight tons of hides, to be tanned annually — one ton 1834, two tons 1835, two tons 1836, two tons 1837, one ton 1838 ; said hides to be tanned into sole leather in a workmanlike manner; said hides to be delivered at said W.’s tan-yard in Grantham. W. Clement.

This was trespass quare clausum. The defendants plead not guilty. It appeared in evidence that the breaking and entering complained of, was done by the defendants and their agents in the construction of a road made through the plaintiffs land : and the plaintiff contended that the road as made was not within any route for a road, as laid out.

Writ of Entry, wherein the demandant claims a freehold estate in the demanded premises. Plea, nul disseizin. The demandant, to support the issue on his part, offered in evidence a lease executed by the tenant and one Benjamin Sperry, to the demandant, dated June 10, 1812, duly acknowledged and recorded, whereby they demised the demanded premises to Mm, being the same he had that day conveyed to them, he yielding and paying the annual rent of one cent, the same being demanded.

This was an action of trespass against the defendant, for causing the plaintiff to be arrested on a warrant for the collection of a military fine, and causing the plaintiff to pay the said fine, with the costs thereon.

This was an appeal from a decree of the judge of probate in this county. Henry Allen died, leaving H. F. Allen, and N. F. Allen (the appellant) his heirs at law, and Mary Allen his widow. Samuel Hubbard, the appellee, married the widow, and on the 7th May, 1813, was appointed administrator de bonis non of the estate of the said Henry, deceased.

Debt upon a bond, dated May 27, 1825, in the sum of $3000, with condition that W. T. Heydock should faithfully discharge the duties of executor of the last will of Martha Porter. The suit was commenced prior to March, 1834. The defendants acknowledged the forfeiture of the bond, and prayed to be heard in chancery. On the hearing it appeared that Martha Porter, at the time of her decease, had her domicil in this state.

This was an action of assumpsit upon the following contract. “For value received, we promise N. T. Davis, to pay him one ‘ hundred and fifty dollars by Sept. 1, 1833, with interest after April, ‘ 1833, at our store in Haverhill, on condition that said Davis’ ‘ conveyance to us of Shove & Hunt’s patent right shall approve ‘ itself as good in all respects as said Davis’ covenants, in his deed ' of conveyance of this date, have represented it. ‘ December 27, 1832.” ‘ J. & J.…

Assumpsit. 1. On an account annexed, for four stoves sold the defendant. 2. Money had and received. 3d. On a special agreement by the defendant and one' A. Hemphill, now deceased, once partners in trade under the firm of Hemphill & Moulton, as agents of plaintiff, to sell and account for four stoves, on demand, or return them.

TREspass quare clausum, alleging that the defendant, on the first day of April, 1833, and on divers other days and times between that time and the date of the plaintiff’s writ, on the 4th of May, 1835, broke and entered the plaintiff ⅛ close, in Lyme, and trod down his grass, subverted the soil, and did divers other injuries to the property of the plaintiff.

This was an action on the case, to recover the sum of one hundred dollars, for damages sustained by the plaintiff on account of a road being laid through his land in Lebanon, by the defendants, which sum was duly assessed by the selectmen of said Lebanon, agreeably to a special act of the legislature, as the amount of such damages incurred by the plaintiff. The defendants pleaded the general issue.

This was a writ of entry, brought to recover a tract of land in Enfield, in this county ; and was tried at May term, 1835, upon the general issue. This is the case reported 5 N. H. R. 280, and the demanded premises lie between the two lines hereafter mentioned. In the charter of Enfield, which was granted on the 4th July, 1761, the southerly line of the township is described as running south 68° east.

This was a plea of land. The defendant plead nul dis-seizin as to a portion of the tract described in the plaintiff ⅛ writ, being that portion of land included in the boundaries named in the second award, which is made a part of this case, and disclaimed as to the remainder.

In this case the plaintiff put to the trustee the following-interrogatory : Have you at any time received any deed or deeds of any lands of your son, James Kendrick, and if so, when, of lands, and on what consideration ? y Answer.

Tkespass, for breaking and entering the plaintiff ⅛ house, in Hanover, being a common inn, and making a noise and disturbance therein, and assaulting and beating the plaintiff at sundry times between the first of July, 1835, and the date of the writ, which was October 8, 1835.

This was assumpsit, for the support of Moses French, Clarissa his wife, and their two children Stephen and Elvira. The case was tried on the general issue, and a verdict was taken, by consent, for the plaintiff, subject to the opinion of the court upon the following case.

The trustee in his answer disclosed, that Wyman, the principal, being in failing circumstances, and all his property attached by his creditors which could by law be attached, placed in the hands of the trustee, an attorney, in pursuance of an agreement between the said Wyman and Russell, Shattuck & Co. who had claims against Wyman then in the hands of the trustee for collection, all the rest of his property, being notes and book accounts, as collateral security for the…

Assumpsit on a note for $ 100, dated November 3, 1834, payable to the plaintiff, in sixty days, with interest. The defendant, Bellows, signed the note as surety for Pearson. The defendants pleaded the general issue, with notice of set-off of demands in favor of said Pearson.

Assumpsit upon a promissory note. The defendant craved oyer of the writ, and of the officer’s return thereon, and enrolled them. By the return it appeared that the writ was served by an attachment of property, and the delivery of a summons to the defendant.

This was an action on the case, alleging that one John H. Tyler, being indebted to the plaintiff in a large sum, sued out a writ, and delivered the same to William M. Smith, a deputy sheriff: that said Smith, on the 12th of October, 1835, for want of goods and estate, arrested the body of said Tyler, and had him in custody, and that the defendants rescued said Tyler from the custody of said Smith, by reason of which he went at large, and the plaintiff lost his debt.

INDICTMENT for assault and false imprisonment, and kidnapping. , The first count alleged, that the defendant, on the 24th ” of October, 1836, with force, &c., made an assault upon one Benjamin Swett,… Held: that no acts of parliament, passed since the settlement of the state, are in force, unless the colonies are expressly named in them. Morris vs. Vanderen, 1 Dali. R. 67; vide, also, 3 Binn. R. 595.

Assumpsit, for money had and received, in which the plaintiff claimed to recover the amount of certain notes endorsed and delivered by said McCrillis to the defendant, after the 18th day of March, 1835. The defendant pleaded the general issue, and filed a set-off for services performed and monies expended.