McKeen v. Cook
Supreme Court of New Hampshire
Assumpsit, to recover the amount of a promissory note. Writ dated November 25,1904. Plea, the general issue. Facts agreed, and case transferred from the June term, 1905, of the superior-court by Stone, J. The defendant gave the plaintiff, for an adequate consideration,, three promissory notes for $833.33 each, dated May 15, 1901, payable to the plaintiff or order in one, two, and three years from" date respectively, with interest, and a mortgage of a certain tract of land to…
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Assumpsit, to recover the amount of a promissory note. Writ dated November 25,1904. Plea, the general issue. Facts agreed, and case transferred from the June term, 1905, of the superior-court by Stone, J. The defendant gave the plaintiff, for an adequate consideration,, three promissory notes for $833.33 each, dated May 15, 1901, payable to the plaintiff or order in one, two, and three years from" date respectively, with interest, and a mortgage of a certain tract of land to secure their payment. The notes due in one and two years not being paid, the plaintiff recovered, June 26, 1903, a…
1Opinion of the CourtChase, J.
The defence is payment, not at or before the time the note became due, but subsequently (September 23, 1904), when the plaintiff appropriated the mortgaged land by the foreclosure of his mortgage. In other words, the defendant confesses the making of the promise, its validity, and a breach of it, but attempts to avoid the breach by showing a state of facts which he says atoned for it, or paid all damages to which the plaintiff is entitled by reason of it. In such case, the burden is upon the defendant to support his defence by a preponderance of the prob abilities. Buzzell v. Snell, 25 N. H.…
2Cases cited7 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Clark v. JacksonSupreme Court of New Hampshire · 1887
- Colby v. McClintockSupreme Court of New Hampshire · 1894
- Smith v. Lewiston Steam MillSupreme Court of New Hampshire · 1891
- Stevens v. FellowsSupreme Court of New Hampshire · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Amodeo v. AllenSupreme Court of New Hampshire · 1947
- Phinney v. Cheshire County Savings BankSupreme Court of New Hampshire · 1940