Lang v. Gage
Supreme Court of New Hampshire
Assumpsit, on a promissory note signed by the defendant and payable to the plaintiff on demand. Plea, the general issue and a brief statement of the statute of limitations. Upon trial of the case after the decision reported 65 N. H. 173, the plaintiff testified to statements of the defendant to her, acknowledging the debt and assuring her of its payment.
Read the full summary
Assumpsit, on a promissory note signed by the defendant and payable to the plaintiff on demand. Plea, the general issue and a brief statement of the statute of limitations. Upon trial of the case after the decision reported 65 N. H. 173, the plaintiff testified to statements of the defendant to her, acknowledging the debt and assuring her of its payment. The following special questions were submitted to the jury, who with their answers returned a general verdict for the plaintiff: Has the defendant, in words, expressly promised to pay the plaintiff within six years before September 14, 1888,…
1Opinion of the CourtBlodgett, J.
1. The motions (1) for a nonsuit, and (2) to set aside the verdict because it was not supported by any evidence, were properly denied. Aside from competent evidence from other sources tending more or less strongly to establish the defendant’s liability upon the note in suit, there was direct testimony that he promised the plaintiff she should have all there was due on the note ; that lie would pay her everything the principals owed her ; and that the endorsements made by him were from his own money which he had put into the savings-bank. This testimony afforded competent evidence of the…
2Cited by2 opinions
- Dubreuil v. DubreuilSupreme Court of New Hampshire · 1943
- Premier Capital, Inc. v. GallagherSupreme Court of New Hampshire · 1999