Cross v. Rowe
Superior Court of New Hampshire
Assumpsit. The writ contained two counts.- The first was founded upon a promissory note, dated July 31st, 1848, signed by the defendants jointly and severally, for one hundred dollars, payable to the South Berwick Bank or order, in sixty days and grace, and by said bank indorsed and delivered to the plaintiff December 27th, 1848. The second count was for two hundred dollars, money had and received. Rowe was defaulted. Young died insolvent.
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Assumpsit. The writ contained two counts.- The first was founded upon a promissory note, dated July 31st, 1848, signed by the defendants jointly and severally, for one hundred dollars, payable to the South Berwick Bank or order, in sixty days and grace, and by said bank indorsed and delivered to the plaintiff December 27th, 1848. The second count was for two hundred dollars, money had and received. Rowe was defaulted. Young died insolvent. Clements pleaded that he never promised, &c., on which issue was joined. The note being produced in evidence, was signed by Rowe as principal, and by Young…
1Opinion of the CourtEastman, J.
The note on which this suit was instituted, was made by Rowe, Young and Clements, the three defendants, and *82received by the plaintiff, in payment for a horse, which he had sold to Rowe ; Rowe being the principal on the note, and Young and Clements sureties. Young having died insolvent, and Rowe being defaulted in the action, the defence is made by Clements alone.
On the trial, evidence was introduced subject to exceptions, showing the circumstances under which the note was given, and what was its consideration. • It was not necessary that the consideration should be proved, as that is to be…
2Cases cited4 opinions
- Woodman v. EastmanSuperior Court of New Hampshire · 1839
- Grafton Bank v. WoodwardSuperior Court of New Hampshire · 1829
- Elliot v. AbbotSuperior Court of New Hampshire · 1842
- Grafton Bank v. KentSuperior Court of New Hampshire · 1827