Engel v. Brown
Supreme Court of New Hampshire
Assumpsit, upon a promissory note signed by the defendant, dated January 20, 1872, payable six months after date with annual interest. The writ was dated September 13, 1895. Plea, the statute of limitations. Replication, a new promise within six years. Facts found by a referee. Certain items of credit were indorsed upon the note and an allonge until 1884, when the note was stolen.
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Assumpsit, upon a promissory note signed by the defendant, dated January 20, 1872, payable six months after date with annual interest. The writ was dated September 13, 1895. Plea, the statute of limitations. Replication, a new promise within six years. Facts found by a referee. Certain items of credit were indorsed upon the note and an allonge until 1884, when the note was stolen. The plaintiff kept a book of account of the note and all payments thereon, and minuted therein all credits after the note was stolen. At the time of the first item of credit, the defendant, being unable to pay cash,…
1Opinion of the CourtParsons, J.
To avoid the bar of the statute of limitations pleaded in defence of the plaintiff’s suit upon the defendant’s promissory note, a referee finds that the defendant, after refusing to pay the note under threat of suit, permitted the plaintiff to take for application on the note nine cords of wood at a price two and one half times its value. The plaintiff cut and measured the wood, and having informed the defendant of its amount, told him he had credited it to him on his account. The plaintiff replied: “Well, all right.” The defendant did not expect payment for the wood otherwise than as it…
2Cases cited1 opinion
- United States v. WilderSupreme Court of the United States · 1872
3Cited by3 opinions
- Soper v. PurdySupreme Court of New Hampshire · 1999
- Barker v. HeathSupreme Court of New Hampshire · 1907
- Levensaler v. BatchelderSupreme Court of New Hampshire · 1929