Buswell v. Roby
Superior Court of New Hampshire
Assumpsit upon a note, dated June 14, 1814, payable by the defendant to the plaintiff’s intestate on demand, for ⅛ I-14, 71. The plaintiff declared only upon the promise made to the intestate. The defendant pleaded tlie statute of limitations, to which the plaintiff replied a promise within six years to the intestate.
Read the full summary
Assumpsit upon a note, dated June 14, 1814, payable by the defendant to the plaintiff’s intestate on demand, for ⅛ I-14, 71. The plaintiff declared only upon the promise made to the intestate. The defendant pleaded tlie statute of limitations, to which the plaintiff replied a promise within six years to the intestate. The cause was submitted to the decision of the court upon the following facts. ■ The defendant made the note, andón the 29 August, 1816. the sum of $ 10,50 was indorsed upon it with his consent. After the death of the intestate, when the note was read in the presence of the…
1Opinion of the CourtRichardson, C. J.
We are of opinion, that the admissions of the defendant are, under the circumstances, evidence of a new promise proper to be submitted to a jury. We think the true rule is, *468that where the defendant admits the debt to be just, and says nothing at the time inconsistent with an intention on Ms part to pay, a jury may infer from the admission a promise to pay. Here the defendant made such an admission ; and although he at the same time declared, that the note was outlawed, and that he did not think his father intended he should pay, these declarations do not serin to be inconsistent with an…
2Cases cited1 opinion
- Stanton v. StantonSuperior Court of New Hampshire · 1822
3Cited by3 opinions
- Betton v. CuttsSuperior Court of New Hampshire · 1840
- Hodgdon v. WhiteSuperior Court of New Hampshire · 1840
- Titus v. AshSuperior Court of New Hampshire · 1851