Winslow v. Locke

Supreme Court of New Hampshire

Winslow v. Locke

60 N.H. 580

DecidedDecember 5, 1880

StatusPublished

This text of 60 N.H. 580 (Winslow v. Locke) 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

Winslow v. Locke, 60 N.H. 580 (N.H. 1880).

Pincite

Opinion

Doe, C. J.

It does not appear that the defendant’s promise was made to induce the plaintiff to forbear opposing the bankrupt’s discharge. Such a purpose is not a fact found by the referee. The original debts for the goods were due, one from the defendant to E. L., and the other from E. L. to the plaintiff. In the novation the plaintiff accepted the defendant as debtor in place of E. L., and the defendant accepted the plaintiff as creditor in place of E. L. The defendant, exchanging one creditor for another, promised to pay his own debt.

Judgment for the plaintiff.

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

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Doe, C. J.

It does not appear that the defendant’s promise was made to induce the plaintiff to forbear opposing the bankrupt’s discharge. Such a purpose is not a fact found by the referee. The original debts for the goods were due, one from the defendant to E. L., and the other from E. L. to the plaintiff. In the novation the plaintiff accepted the defendant as debtor in place of E. L., and the defendant accepted the plaintiff as creditor in place of E. L. The defendant, exchanging one creditor for another, promised to pay his own debt.

Judgment for the plaintiff.

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

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Bluebook (online)

60 N.H. 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winslow-v-locke-nh-1880.