Bedell v. Stevens
Superior Court of New Hampshire
Case, on a warranty. The declaration was as follows: “ In a plea of the case, for that the said Abraham Bedell, jr., heretofore, to wit, on the first day of August, A. D. 1851, at said Lancaster, by request of the said Calvin P. Stevens, purchased of him a note, signed by Alfred Carlton, and made payable to one A. V. Stevens, or bearer, in the sum of fifty-five dollars and fifty-nine cents, on demand, with use, and that the said Calvin P. Stevens affirmed the said Carlton…
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Case, on a warranty. The declaration was as follows: “ In a plea of the case, for that the said Abraham Bedell, jr., heretofore, to wit, on the first day of August, A. D. 1851, at said Lancaster, by request of the said Calvin P. Stevens, purchased of him a note, signed by Alfred Carlton, and made payable to one A. V. Stevens, or bearer, in the sum of fifty-five dollars and fifty-nine cents, on demand, with use, and that the said Calvin P. Stevens affirmed the said Carlton was a person in good credit, when, in fact, he was poor, and the note of no value. And so the said Abraham Bedell,…
1Opinion of the CourtEastman, J.
A verdict having been returned for the plaintiff, in this case, and it being quite apparent from the finding of the jury, under the instructions of the court upon the trial, that the plaintiff has a cause of action against the defendant, we have endeavored to find some good reason by which we could arrive at the conclusion that the motion for the arrest of judgment should not be granted. But this we have been unable to do.
Judgments are arrested only for intrinsic causes, such as are apparent upon the record. Formal defects and errors are cured by statute, and are harmless except upon special…
2Cases cited4 opinions
- Beeman v. BuckSupreme Court of Vermont · 1830
- Chipman v. MartinNew York Supreme Court · 1816
- Town of Walpole v. Town of MarlowSuperior Court of New Hampshire · 1821
- Morrill v. WallaceSuperior Court of New Hampshire · 1837
3Cited by1 opinion
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904