Albee v. Little
Superior Court of New Hampshire
Assumpsit upon a note for $275, dated 1st December, 1826,. made by the defendant, and payable to the plaintiff on the 1st January, 1828, The defendant pleaded the general issue, and gave notice of a set off.
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Assumpsit upon a note for $275, dated 1st December, 1826,. made by the defendant, and payable to the plaintiff on the 1st January, 1828, The defendant pleaded the general issue, and gave notice of a set off. At the trial of the cause here at November term, 1829, it appeared that the note had been assigned by Albee, soon after its elate, to one Amasa P. Niles, who, in January, 1827, assigned it to J. L. Bunce, for whose benefit this suit is brought, and that the defendant had notice of this assignment in March, 1827, and when notified, only said shortly, that he would see about that. The…
1Opinion of the CourtRichardson, C. J.
There seems to be no objection to the evidence offered by the defendant, in this case, on the ground that it goes to contradict the note. The agreement between the parties was, that the defendant should give to the plaintiff a note not negotiable, payable on the 1st January, 1828, for an undivided half of the land, and that, if the plaintiff should not, by the time the said note became payable, discharge the mortgage which was upon the land, the defendant should be at liberty to pay, towards the , discharge of the mortgage, the amount of this note, on the plaintiff’s account. And the amount…
2Cases cited3 opinions
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
- King v. FowlerMassachusetts Supreme Judicial Court · 1820
- Sanborn v. LittleSuperior Court of New Hampshire · 1826