Legal Opinion

Russell v. Abbott

Superior Court of New Hampshire

Decided July 15, 1843PublishedCited by 1 opinion

Assumpsit, on a promissory note given by the defendant to the plaintiff’s intestate, payable to him, or order, on demand, with interest. — Plea, the general issue. The defendant introduced evidence to prove that he was induced to give the note by the false and fraudulent representations of the intestate, and that it was given without consideration.

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Assumpsit, on a promissory note given by the defendant to the plaintiff’s intestate, payable to him, or order, on demand, with interest. — Plea, the general issue. The defendant introduced evidence to prove that he was induced to give the note by the false and fraudulent representations of the intestate, and that it was given without consideration. The plaintiff introduced evidence tending to show that while this action was pending, in the life-time of the intestate, the defendant promised to pay the note, on a new consideration, with a knowledge of all the facts under which it had been…

1Opinion of the CourtParker, C. J.

The case does not find under what particular circumstances the note was given, nor whether the defendant, at the time of making it, received any thing which was supposed to furnish a consideration. The statement is only that the defendant introduced evidence to show that he was induced to give the note by the false and fraudulent representations of the intestate, and that it was given without consideration.

If the defendant received something, which it was supposed at the time was an adequate consideration, there is no evidence that he ever returned what was thus received, or took any measures…

2Cases cited2 opinions

  1. Merriam v. WilkinsSuperior Court of New Hampshire · 1833
  2. Wright v. SteeleSuperior Court of New Hampshire · 1819

3Cited by1 opinion

  1. Gage v. GageSuperior Court of New Hampshire · 1854

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