Barnet v. Smith
Superior Court of New Hampshire
Assumpsit, on a promissory note, dated April 18th, 1850, made by the defendant, for $55, and payable to Asa Hurl-butt, or order, by the first day of November then next, with interest annually, and by Hurlbutt endorsed to the plaintiff. Plea, the general issue.
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Assumpsit, on a promissory note, dated April 18th, 1850, made by the defendant, for $55, and payable to Asa Hurl-butt, or order, by the first day of November then next, with interest annually, and by Hurlbutt endorsed to the plaintiff. Plea, the general issue. By the agreement of parties, the action was referred to a referee, who reported that after a full hearing on both sides, he found and reported to the court the following to be the facts in the case: On the 17th day of April, A. D. 1850, one Dean C. Hurl-butt was arrested by virtue of a warrant issued by a justice of the peace, on the…
1Opinion of the CourtEastman, J.
In the form in which the report of the re*263feree has been transferred to this court, we must either dismiss it from our docket, or treat it as an agreed case. Our first inclination was to take the former course, the report appearing to be in some respects indefinite and uncertain, and not in such a situation as could be wished in order to be properly passed upon by the court. But as counsel have argued and submitted it to our consideration, we have endeavored to make a decision upon it. In so doing we have treated the matters stated by the referee as proved facts; this being the only way in…
2Cases cited19 opinions
- Hushes v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1827
- Murray v. JudahNew York Supreme Court · 1826
- Smith v. JanesNew York Supreme Court · 1838
- Cromwell v. LovettThe Superior Court of New York City · 1828
- Ontario Bank v. WorthingtonNew York Supreme Court · 1834
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