Supreme Court of New Hampshire August 5, 1878 (Wilson v. Dame)

Bingham, J.

The facts reported by the referee establish (1) that the defendant, city marshal of Portsmouth, desired to arrest Walters; (2) that the plaintiff rendered necessary and valuable services in accomplishing it, as the defendant’s servant or agent, expecting to be paid for them; (3) that the defendant, knowing these facts, accepted the services, intending to pay for them, and afterwards,