Bell v. Lamprey
Supreme Court of New Hampshire
Action, by John S. Lamprey against Ebenezer Peaslee and another, on a note dated Haverhill, Mass., July 7, 1857, payable two months after date to Joseph Eitts, of said Haverhill, who is still the plaintiff' in interest. Writ dated Eeb. 28, 1870. Lamprey pleaded, — first, the general issue; second, a discharge under the insolvent laws of Massachusetts ; and third, the statute of limitations.
Read the full summary
Action, by John S. Lamprey against Ebenezer Peaslee and another, on a note dated Haverhill, Mass., July 7, 1857, payable two months after date to Joseph Eitts, of said Haverhill, who is still the plaintiff' in interest. Writ dated Eeb. 28, 1870. Lamprey pleaded, — first, the general issue; second, a discharge under the insolvent laws of Massachusetts ; and third, the statute of limitations. The other pleadings were as follows, omitting the formal parts: The replications were filed Eeb. 10,1871. 1. The plaintiff says, at the time when the defendant made and delivered said note (July 7, 1857)…
1Opinion of the CourtSargent, J.
The plaintiff’s suit is founded upon a note dated Haverhill, Mass., July 7, 1857; writ dated February 28, 1870. Said note was signed by the defendant, and made payable to Joseph Fitts, of said Haverhill, who is the plaintiff in interest. Lamprey pleaded,— first, the general issue; second, a discharge under the insolvent laws of Massachusetts ; and third, the statute of limitations.
The general issue was joined. To the discharge in insolvency, the plaintiff first filed four replications; to all of which the defendant rejoined, tendering issues which were joined. No question arises hero upon…
2Cases cited4 opinions
- Dwight v. ClarkMassachusetts Supreme Judicial Court · 1811
- Fowler v. HuntNew York Supreme Court · 1813
- Brereton v. HullCourt for the Trial of Impeachments and Correction of Errors · 1845
- Robinson v. Marine Insurance Co.New York Supreme Court · 1806