Fletcher v. Thompson
Supreme Court of New Hampshire
Assumpsit, upon a note of which the following is a copy: $25.00 Chesterfield, April 1, 1872. For value received, I promise to pay Henry Fletcher, or order, twenty-five dollars in one year from date, for the rent of five rooms; and the said Henry Fletcher is to build a barnyard fence ; and the said Thompson is to have all the land back of the house. Persis M. Thompson.
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Assumpsit, upon a note of which the following is a copy: $25.00 Chesterfield, April 1, 1872. For value received, I promise to pay Henry Fletcher, or order, twenty-five dollars in one year from date, for the rent of five rooms; and the said Henry Fletcher is to build a barnyard fence ; and the said Thompson is to have all the land back of the house. Persis M. Thompson. Writ dated April 4,1873. Plea, the general issue, with a brief statement setting forth the following grounds of defence, viz.: (1) That there was a total failure of consideration ; (2) that there was a partial failure of…
1Opinion of the Court
Practice — Negotiable Note — Days of Grace. If the writing upon which this suit is brought were to be regarded as a negotiable promissory note, and so entitled to days of grace, I should think the verdict must be set aside for the reason that there is nothing in the case to show that the action was properly commenced on the last day of grace. It is doubtless somewhat anomalous to hold that the maker of a note has the whole of the last day of grace in which to pay it, and at the same time that a suit may be commenced against him on that day at any time after a demand and refusal. The…
2Cases cited4 opinions
- Dennie v. WalkerSuperior Court of New Hampshire · 1834
- Bowman v. Sanborn & HarperSuperior Court of New Hampshire · 1852
- Prescott v. HayesSupreme Court of New Hampshire · 1862
- Oakes v. ThorntonSuperior Court of New Hampshire · 1853
3Cited by1 opinion
- Gerrish v. GlinesSupreme Court of New Hampshire · 1875