Cole v. Boardman
Supreme Court of New Hampshire
Assumpsit, upon two promissory notes, given by the defendant to the plaintiff, dated May 12, 1872. The defence was, that the notes were fully paid in 1875 by sixty-two shares of stock in the Swaine Turbine and Manufacturing Company, which the plaintiff had before that time held as collateral security for the notes.
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Assumpsit, upon two promissory notes, given by the defendant to the plaintiff, dated May 12, 1872. The defence was, that the notes were fully paid in 1875 by sixty-two shares of stock in the Swaine Turbine and Manufacturing Company, which the plaintiff had before that time held as collateral security for the notes. There was no written assignment of the shares, except as collateral ; and upon the question whether the plaintiff agreed to take them absolutely in payment of the notes, the evidence was conflicting. Subject to exception by the plaintiff, the defendant was permitted to show, by…
1Opinion of the CourtSmith, J.
Evidence that the plaintiff’s firm and other creditors of the defendant brought suits against him in Massachusetts, still pending, had no tendency to show that the present suit was not brought in good faith, or was brought for the purpose of oppression. No evidence is reported tending to show that the Massachusetts suits were not properly brought, nor that the claims of the plaintiffs in those suits are not valid claims against the defendant. There is no presumption that the suits were brought to oppress the defendant, or were not brought in good faith. Fraud is never presumed. Indeed, the…
2Cases cited1 opinion
- United States v. RossSupreme Court of the United States · 1876
3Cited by3 opinions
- Gerry v. NeugebauerSupreme Court of New Hampshire · 1927
- Woodward v. BixbySupreme Court of New Hampshire · 1894
- Simpson v. GilbertSupreme Court of New Hampshire · 1923