Leavitt v. Simes
Superior Court of New Hampshire
Assumpsit upon a note of hand, dated February 1, 1820.. for $99 If), made by J. W. F. and payable to the defendant, or order, in sixty days, with grace, and by the defendant endorsed to the plaintiff.
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Assumpsit upon a note of hand, dated February 1, 1820.. for $99 If), made by J. W. F. and payable to the defendant, or order, in sixty days, with grace, and by the defendant endorsed to the plaintiff. The cause was tried here, at February term, 1823, upon the general issue, when it appeared in evidence, that the defendant put his name upon the note, as endorser, and that on the third day of April, 1820, notice in writing was given to the maker, that the note was left at the Portsmouth bank, and requesting him to pay it, and that on the fifth day of April, 1820, notice in writing-was given to…
1Opinion of the CourtRichardson, C. J.
It is contended, that the witness, who was introduced to prove the notice to the defendant, ought not to have been permitted to state the contents of the paper which he delivered to the defendant, because no notice had been given to the defendant to produce it. But to this objection there are two answers. In the first place, it is never necessary to give notice to produce a paper containing merely notice, in order to render parol evidence admissible. 3 Caine's Rep. 174, Turner vs. Wilson.—1 ditto 364, Payton vs. Hallet.—13 John. 470, Johnson vs. Haight & a.—Peake's Cases 165, Shaw vs. Markham.
2Cases cited2 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Henry v. JonesMassachusetts Supreme Judicial Court · 1812
3Cited by6 opinions
- Swamscot Machine Co. v. PartridgeSuperior Court of New Hampshire · 1852
- Rand v. RandSuperior Court of New Hampshire · 1828
- Bell v. AdamsSuperior Court of New Hampshire · 1839
- Foye v. LeightonSuperior Court of New Hampshire · 1850
- Lawrence v. LangleySuperior Court of New Hampshire · 1843
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