Haskell v. Africa
Supreme Court of New Hampshire
Assumpsit, upon the two $1,000 notes hereinafter mentioned. Writ dated, April 18, 1892. Facts found by the court. November 5, 1885, the defendant gave James S. Pierson three notes, two for $1,000 each and the other for'$2,000, all made and dated at Huntingdon, Pa., payable to Pierson or order on or before May 1, 1887, with interest semi-annually from November 1. Each note contained the following: “Along with this obligation and two others of the same date which aggregate…
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Assumpsit, upon the two $1,000 notes hereinafter mentioned. Writ dated, April 18, 1892. Facts found by the court. November 5, 1885, the defendant gave James S. Pierson three notes, two for $1,000 each and the other for'$2,000, all made and dated at Huntingdon, Pa., payable to Pierson or order on or before May 1, 1887, with interest semi-annually from November 1. Each note contained the following: “Along with this obligation and two others of the same date which aggregate three thousand dollars, I have delivered certificate No. 75 for 176 shares of stock in the Huntingdon Gas Company, issued…
1Opinion of the CourtChase, J.
The question whether the defence made would be valid if the plaintiff or the party whom he represents, having possession of the collateral, had lost it through his own negligence, or for any reason was not ready to return it simultaneously with the payment of the notes (Stuart v. Bigler’s Assignees, 98 Pa. St. 80; Ocean National Bank v. Fant, 50 N. Y. 474; Cass v. Higenbotam, 10 0 N. Y. 248; Whitcher v. Dexter, 61 N. H. 91; Johnson v. Creamery Association, post, p. 437), has not been considered^ for it does not arise upon the facts presented. The 176 shares of stock were returned to the…
2Cases cited1 opinion
- Ocean National Bank of N.Y. v. . FantNew York Court of Appeals · 1872
3Cited by4 opinions
- Brown v. BrownSuperior Court of Delaware · 1942
- Bancroft v. BancroftSuperior Court of Delaware · 1911
- Oppenheim v. Sterling Tire Corp.Superior Court of Delaware · 1924
- Gilbert v. GilbertSuperior Court of Delaware · 1961