Downer v. Button
Superior Court of New Hampshire
Assumpsit, against the defendant as signer of seven promissory notes. Two of the notes were confessed; and there were in dispute three, dated October 7th, 1841, for $> 100 each, payable to John Francis or order, in two, three, and four years from date; and two others, dated January 20th, 1842, for $75'each, payable to the plaintiff or order, in two and three years from date, with interest.
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Assumpsit, against the defendant as signer of seven promissory notes. Two of the notes were confessed; and there were in dispute three, dated October 7th, 1841, for $> 100 each, payable to John Francis or order, in two, three, and four years from date; and two others, dated January 20th, 1842, for $75'each, payable to the plaintiff or order, in two and three years from date, with interest. The defence set up was, that on the fourth day of April, 1844, by an agreement between the plaintiff and Levi Lowell, who acted in behalf of the defendant, and by his request, the plaintiff accepted a deed…
1Opinion of the CourtEastman, J.
The copy of the mortgage from Button to Francis was properly admitted. It was the common case of the use of secondary evidence, after laying the necessary foundation for its introduction. If the original was not in the possession of the defendant, nor under his control, so as to be brought into court by legal process, he had a right to the use of a copy, duly shown to be such.
The mortgage was given by the defendant to Francis, to secure the payment of certain notes; and so long as Francis or his executor held the notes, the legal custody of the mortgage would be in Francis or the executor.…
2Cases cited7 opinions
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- Hamblett v. HamblettSuperior Court of New Hampshire · 1833
- Smith v. SmithSuperior Court of New Hampshire · 1844
- M'Gunnagle v. ThorntonSupreme Court of Pennsylvania · 1823
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