Shaw v. Spooner
Superior Court of New Hampshire
Assumpsit, on a promissory note, dated the 15th of November, 1836, for the sum of $>436.91, payable to the plaintiffs, or their order, at the city of Boston, in Massachusetts, on demand and interest. The defendant admitted the making of the note, but contended that it was illegally obtained, and void.
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Assumpsit, on a promissory note, dated the 15th of November, 1836, for the sum of $>436.91, payable to the plaintiffs, or their order, at the city of Boston, in Massachusetts, on demand and interest. The defendant admitted the making of the note, but contended that it was illegally obtained, and void. It appeared in evidence that Earl Shaw, who resides in Boston, and is one of the plaintiffs in this suit, came into this state, on his own account, and as agent for certain other persons, merchants, doing business in Boston, with a requisition from the governor of the commonwealth of…
1Opinion of the Court
Parker. C. J.
We are of opinion that the instructions of the court to the jury were entirely correct. Certain individuals, in Massachusetts, who were creditors of the defendant, had made complaint, in that commonwealth, in substance, that the goods which they sold were obtained by him by false pretences, and not in the ordinary course of fair mercantile dealing. Obtaining goods by false pretences is, by the laws of that state, a crime; and the complaint was, or ought to have been, intended as a means of bringing the defendant to justice, and causing him to be punished for that crime; and not…
2Cases cited3 opinions
- Commonwealth v. PeaseMassachusetts Supreme Judicial Court · 1819
- Richardson v. DuncanSuperior Court of New Hampshire · 1826
- Plumer v. SmithSuperior Court of New Hampshire · 1832
3Cited by4 opinions
- Coburn v. OdellSuperior Court of New Hampshire · 1855
- Burnham v. SpoonerSuperior Court of New Hampshire · 1839
- Burnham v. SpoonerSuperior Court of New Hampshire · 1840
- Breck v. BlanchardSuperior Court of New Hampshire · 1851