French v. Gerrish
This text of 22 N.H. 97 (French v. Gerrish) is published on Counsel Stack Legal Research, covering Superior Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By the 14th General Rule, “ no new count or amendment of a declaration shall be allowed, without the consent of the defendant, unless it be consistent with the original declaration, and for the same cause of action.”
A promissory note is admissible in evidence under the count for money had and received. But a written promise for the delivery of specific articles, or for the payment of fnoney and the delivery of specific articles, is not technically a promissory .note. We-know of no decision, that such a note is admissible under the money counts. It furnishes a claim not for a certain sum of money, but for unliquidated damages for the non-performance of a special contract.
[98]*98The amendment desired would introduce a new cause of action, and is therefore inadmissible.
Judgment for the defendant
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22 N.H. 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/french-v-gerrish-nhsuperct-1850.