Sherburne v. Tebbetts

Supreme Court of New Hampshire

Sherburne v. Tebbetts

62 N.H. 691

DecidedDecember 5, 1877

StatusPublished

This text of 62 N.H. 691 (Sherburne v. Tebbetts) 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

Sherburne v. Tebbetts, 62 N.H. 691 (N.H. 1877).

Pincite

Opinion

Smith, J.

The defence was performance. The defence set up was the conveyance by the defendant to one Lamprey, at the request of the plaintiff’s father, the plaintiff’s agent. But the court having found the fact to be that the plaintiff’s father was not authorized to make the request or to assent to the conveyance, the defence fails on the facts. Whether proof of such a conveyance, assented to by the plaintiff or by his authorized agent, would be admissible under the plea of performance, we need not inquire.

Exceptions overruled,.

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

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Smith, J.

The defence was performance. The defence set up was the conveyance by the defendant to one Lamprey, at the request of the plaintiff’s father, the plaintiff’s agent. But the court having found the fact to be that the plaintiff’s father was not authorized to make the request or to assent to the conveyance, the defence fails on the facts. Whether proof of such a conveyance, assented to by the plaintiff or by his authorized agent, would be admissible under the plea of performance, we need not inquire.

Exceptions overruled,.

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

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Bluebook (online)

62 N.H. 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherburne-v-tebbetts-nh-1877.