Bennett v. Chase
Superior Court of New Hampshire
Assumpsit, on a promissory note, dated May 4tb, 1849, signed by the defendant, for the sum of §250.16, payable to one Joshua Getchell or order on demand, and by said Getchell indorsed to the plaintiff.
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Assumpsit, on a promissory note, dated May 4tb, 1849, signed by the defendant, for the sum of §250.16, payable to one Joshua Getchell or order on demand, and by said Getchell indorsed to the plaintiff. The writ was dated May 7th, 1849. The defendant pleaded in abatement as follows: “And tbe said Charles F. Chase comes and defends, &c., when, &c., and prays judgment of the plaintiff’s writ aforesaid, and that the same may abate, because he says, that on the 4th day of May, 1849, one Joshua Getchell, being the owner and holder of a certain promissory note against the said Chase, bearing date on…
1Opinion of the CourtEastman, J.
As a general principle,"pleas in abatement are not regarded by courts with much favor. A multiplicity of suits' is also said to be abhorred by the law; and where a case 'of a vexatious character is made out, it is regarded with less favor than pleas in abatement, even for formal and trivial defects.
In the case before us, a plea in abatement is interposed to the plaintiff’s suit, based"upon the pendency of a former suit against the defendant for the same cause of action. The plea sets forth in substance, that one Getchell, on the 4th of May, 1849, commenced a suit against the defendant, upon a…
2Cases cited8 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
- Perkins v. PerkinsSupreme Court of Connecticut · 1829
- Day v. LambSupreme Court of Vermont · 1835
- Clifford v. ConyMassachusetts Supreme Judicial Court · 1805
- Society for Propagating the Gospel v. WhitcombSuperior Court of New Hampshire · 1820
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3Cited by2 opinions
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- Desaulnier v. Manchester School DistrictSupreme Court of New Hampshire · 1995