Henniker v. Wyman

Supreme Court of New Hampshire

Henniker v. Wyman

58 N.H. 528

CourtSupreme Court of New Hampshire

DecidedMarch 5, 1879

StatusPublished

Cited by1 cases

This text of 58 N.H. 528 (Henniker v. Wyman) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henniker v. Wyman, 58 N.H. 528 (N.H. 1879).

Pincite

Opinion

Doe, C. J.

The treasurer, Barnes, was authorized to receive the money due the town, but not to compel the town to accept himself as *529 debtor, in place of bis predecessor, without receiving the money. If the selectman who was present assented to the act of Barnes, his assent was unauthorized. Horn v. Whittier, 6 N. H. 88, 94. The town has not ratified the settlement, and is not estopped to deny the authority of Barnes and the selectman.

Judgment for the plaintiff.

Foster, J., did not sit: the others concurred.

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Doe, C. J.

The treasurer, Barnes, was authorized to receive the money due the town, but not to compel the town to accept himself as *529 debtor, in place of bis predecessor, without receiving the money. If the selectman who was present assented to the act of Barnes, his assent was unauthorized. Horn v. Whittier, 6 N. H. 88, 94. The town has not ratified the settlement, and is not estopped to deny the authority of Barnes and the selectman.

Judgment for the plaintiff.

Foster, J., did not sit: the others concurred.

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Bluebook (online)

58 N.H. 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henniker-v-wyman-nh-1879.

Opinion

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