HILLIARD v. NOYES a. Supreme Court of New Hampshire Rockingham. Decided June, 1878. The payment and acceptance of a sum less than the amount due on an unliquidated claim, in discharge of the whole claim, is a liquidation and payment of it. ASSUMPSIT, to recover a balance due for merchandise sold and delivered by the […]
Articles Tagged: 58 N.H. 312
MESSER v. SMYTHE, 58 N.H. 312 (1878)
MESSER v. SMYTHE. Supreme Court of New Hampshire Rockingham. Decided June, 1878 When a defective summons is pleaded in abatement, unless it is brought into court with the plea, the plea will, on motion, be rejected. Page 313 ASSUMPSIT. The defendant pleaded in abatement, enrolling the summons. The plaintiff moved to reject the plea, because […]