Trumball v. Tilton
Superior Court of New Hampshire
Assumpsit, on a promissory note, dated March 5,1886, for $65.70, signed by the defendant, and payable to William Jones or order, on demand with interest, and by Jones indorsed to the plaintiff.
Read the full summary
Assumpsit, on a promissory note, dated March 5,1886, for $65.70, signed by the defendant, and payable to William Jones or order, on demand with interest, and by Jones indorsed to the plaintiff. The action was commenced September 25,1848. The defendant pleaded the general issue, and filed a brief statement of his defence, which was, that the debt was barred by the statute of limitations, and also by a release and discharge of the defendant, signed by Jones, dated March 22, 1842. The making and indorsement of the note were shown, and the execution by Jones of the deed of discharge or release…
1Opinion of the CourtEastman, J.
The plaintiff in this action, as indorsee, seeks to recover of the defendant the contents of a promissory note made by him on the 5th of March, 1836, for the sum of $65.70, payable to one Jones or order, and by Jones indorsed to the plaintiff on the first day of September, 1848.
The defendant pleads the general issue, and files therewith a brief statement of the grounds of his defence, as by our statute he is permitted to do, instead of pleading the same specially. This defence is twofold — first, that Jones while the holder and *136owner of the note, to wit, on the 22d of March, 1842, signed a…
2Cases cited12 opinions
- Cook v. BradleySupreme Court of Connecticut · 1828
- McNair v. GilbertNew York Supreme Court · 1829
- Wiggin v. BushNew York Supreme Court · 1815
- Shippey v. HendersonNew York Supreme Court · 1817
- Snevily v. ReadSupreme Court of Pennsylvania · 1840
7 more not listed; retrieve them via the Exa API.