Kendall v. Brownson
Supreme Court of New Hampshire
Assumpsit on a note dated March 28, 1860, signed by the defendant and payable to the plaintiff or order. The defence was payment made by the defendant to the plaintiff about a month after the date of the note. The execution of the note was admitted under the rule and not denied on trial; and the only question of fact in the cause was whether the note was so paid. The plaintiff and defendant were both witnesses, each for himself.
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Assumpsit on a note dated March 28, 1860, signed by the defendant and payable to the plaintiff or order. The defence was payment made by the defendant to the plaintiff about a month after the date of the note. The execution of the note was admitted under the rule and not denied on trial; and the only question of fact in the cause was whether the note was so paid. The plaintiff and defendant were both witnesses, each for himself. In examining the defendant his own counsel, were permitted by the court.in the exercise of its discretion, to put leading questions, to which the plaintiff excepted.…
1DissentDoe, J.
It does not appear that the note was payable at any particular time, and we must presume that it was payable on demand. Warren v. Wheeler, 8 Met. 97: Byles on Bills 58. The question was whether the defendant had paid it at a certain time, which was about a month after its date. From a number of facts in the history of the note, stated in the reserved case, it is evident that this action was commenced more than a year after that time. It does not appear that the plaintiff demanded payment before that time. The plaintiff did not request instructions based upon evidence tending to show a demand…
2Cases cited8 opinions
- Dugan v. United StatesSupreme Court of the United States · 1818
- Haxton v. BishopNew York Supreme Court · 1829
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
- Griffin v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1854
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