Reed v. Prentiss
Superior Court of New Hampshire
THIS was assumpsit on a note from the defendant to the plaintiff, or order, for 70 dollars, dated September 10, 1816. The cause was tried here at the last term on the general It appeared in evidence that the note was given for a quantity of size, made and sold by Reed to Prentiss.
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THIS was assumpsit on a note from the defendant to the plaintiff, or order, for 70 dollars, dated September 10, 1816. The cause was tried here at the last term on the general It appeared in evidence that the note was given for a quantity of size, made and sold by Reed to Prentiss. Thirty dollars had been paid on the: note, when the defendant discovered that the article was of a bad quality and of no value ; but he did not prove that Reed was conusant of this fact, nor that the sale was accompanied by any warranty, nor that the size had ever been returned. The jury were directed that the facts…
1Opinion of the Court
Woonuriiv. j.
Of the various defences which are made to actions on promissory notes, a considerable portion are founded on circumstances connected with the consideration of the notes.
But the nature and extent of this class of defences, numer'ous as it is, are not very critically defined, and, therefore, give occasion to much useless litigation. It would, however, be irrelevant to examine any defences except such as were introduced on the trial of this action. These involve some principles which deserve attention, and which, on examination, do not appear to conflict with our directions to the…
2Cases cited8 opinions
- Heermance v. VernoyNew York Supreme Court · 1810
- Vrooman v. PhelpsNew York Supreme Court · 1807
- Beecker & Beecker v. VroomanNew York Supreme Court · 1816
- Defreeze v. TrumperNew York Supreme Court · 1806
- Snell, Stag, & Co. v. I. Moses & SonsNew York Supreme Court · 1806
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stephan v. Sears Roebuck & Co.Supreme Court of New Hampshire · 1970
- Drew v. TowleSuperior Court of New Hampshire · 1853
- Rumsey v. SargentSuperior Court of New Hampshire · 1850