Williams v. Little
Superior Court of New Hampshire
Assumpsit upon two promissory notes, for 01765-60 each, dated February 5, 1834, payable by George Little, the defendant, to Moses P. Little, or order, one in six, and the other in twelve, months from date, and by him indorsed to the plaintiff.
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Assumpsit upon two promissory notes, for 01765-60 each, dated February 5, 1834, payable by George Little, the defendant, to Moses P. Little, or order, one in six, and the other in twelve, months from date, and by him indorsed to the plaintiff. The defendant filed a plea, setting forth that on the 5th of February, 1834, he was indebted to Moses P. Little, the payee, who is still in full life, and of sound mind, in the sum of 02255-69, and no more—that it was then corruptly agreed between M. P. Little and himself, that for the forbearing and giving day of payment of said sum, the defendant…
1Opinion of the CourtParker, C. J.
It is contended that the replication of the plaintiff, in this case, avoids the matter of the plea in part; that is, in its relation to the note described in the second count; and that the plea being entire, and a general answer to the declaration, the operation of the replication, by avoiding the plea in part, is to avoid it entirely. Without stopping to enquire whether the principle upon which this objection is based is not confined to cases where the plea is insufficient in law, as an answer to some of the counts, and not applicable to cases where the plaintiff, by his replication, avoids…
2Cases cited6 opinions
- Rosa v. BrothersonNew York Supreme Court · 1833
- Smith v. Van LoanNew York Supreme Court · 1837
- Copeland v. JonesSuperior Court of New Hampshire · 1824
- Gibson v. StearnsSuperior Court of New Hampshire · 1825
- Forbes v. MarshSuperior Court of New Hampshire · 1824
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Briggs v. SholesSuperior Court of New Hampshire · 1843
- Bank of Woodstock v. KentSuperior Court of New Hampshire · 1844
- Doe v. BurnhamSuperior Court of New Hampshire · 1855
- Rice v. PorterSuperior Court of New Hampshire · 1845
- Rice v. RaittSuperior Court of New Hampshire · 1845
2 more not listed; retrieve them via the Exa API.