Martendale v. Follet
Superior Court of New Hampshire
■ THIS was an action of assumpsit. The declaration contained four counts. The first was on a promissory note, alleged to be for seventy dollars, payable in “ merchantable young neat stock.” The second was on a note of the same date and amount, payable in “merchantable neat stock.”
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■ THIS was an action of assumpsit. The declaration contained four counts. The first was on a promissory note, alleged to be for seventy dollars, payable in “ merchantable young neat stock.” The second was on a note of the same date and amount, payable in “merchantable neat stock.” The third count was for a yoke of oxen, valued at seventy dollars, sold and delivered ; and the fourth on a special promise of the defendant, in consideration of a pair of oxen bought and received of the plaintiff, to pay him seventy dollars in merchantable neat stock. The defendant pleaded the general issue. The…
1Opinion of the CourtWoodbury, J.
Alterations have been held to be material, when made in the date of a contract, to accelerate payment, as in Masters vs. Miller, 4 D. & E. 325 : or if any other way modifying the length of credit, as in Bowman vs. Nichol, 5 D. & E. 537, and Cardwell vs. Martin, 9 East 190. So when made to avoid the statute of limitations, as in Homer vs. Wallis, 11 Mass. Rep. 309: or when made in the nature of the consideration, if affecting the evidence which might after-wards be adduced in relation to it, as in Knill vs. Williams, 10 East 431: .or when made in the subject matter of the writing, as a general…
2Cases cited6 opinions
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- Pierce v. CraftsNew York Supreme Court · 1815
- Post & Russell v. RobertsonNew York Supreme Court · 1806
- Angel v. FeltonNew York Supreme Court · 1811
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- White v. HassSupreme Court of Alabama · 1858
- Bowers v. JewellSuperior Court of New Hampshire · 1823