O'Dowd v. Elliott

Supreme Court of New Hampshire

O'Dowd v. Elliott

91 A. 872, 77 N.H. 319, 1914 N.H. LEXIS 151

DecidedJune 2, 1914

StatusPublished

This text of 91 A. 872 (O'Dowd v. Elliott) 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

O'Dowd v. Elliott, 91 A. 872, 77 N.H. 319, 1914 N.H. LEXIS 151 (N.H. 1914).

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Opinion

Young, J.

The fact that the plaintiff would not have released the Olsens from liability but for their promise to continue as managers of the business is immaterial in so far as the defendants.’ liability is concerned. The plaintiff released the Olsens from liability at the defendants’ request, and that is a sufficient consideration for their promise to pay the plaintiff what the Olsens owed him. Cutting v. Whittemore, 72 N. H. 107, 108; Head v. Richardson, 16 N. H. 454, 456.

Exception overruled.

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

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Young, J.

The fact that the plaintiff would not have released the Olsens from liability but for their promise to continue as managers of the business is immaterial in so far as the defendants.’ liability is concerned. The plaintiff released the Olsens from liability at the defendants’ request, and that is a sufficient consideration for their promise to pay the plaintiff what the Olsens owed him. Cutting v. Whittemore, 72 N. H. 107, 108; Head v. Richardson, 16 N. H. 454, 456.

Exception overruled.

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

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Bluebook (online)

91 A. 872, 77 N.H. 319, 1914 N.H. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odowd-v-elliott-nh-1914.

Opinion

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