Hendrickson v. Hutchinson
Supreme Court of New Jersey
An action -of assumpsit was brought in this court, by George D. Hutchinson against Richard C. Hendrickson and James C. Norris, to recover the amount of a joint and several promissory note given by said Hendrickson and Norris to said Hutchinson. The summons was returned by the sheriff duly served on Norris, and not found as to Hendrickson. Judgment by default was entered against both defendants.
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An action -of assumpsit was brought in this court, by George D. Hutchinson against Richard C. Hendrickson and James C. Norris, to recover the amount of a joint and several promissory note given by said Hendrickson and Norris to said Hutchinson. The summons was returned by the sheriff duly served on Norris, and not found as to Hendrickson. Judgment by default was entered against both defendants. Hendrickson had no knowledge of the suit until after judgment was entered and execution issued. On his application, the judgment was opened and set asido as to him; plea was filed and issue joined…
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
The defence set up in this action was that, pendente lite, Norris, one of the co-promisors of the note upon which the action was founded, paid to Hutchinson, the plaintiff, a certain sum of money, being less than the amount due upon the note; that Hutchin*182son, in consideration of the payment, gave to Norris an order to his attorney to give up the note to him, and that the payment was accepted and received in full satisfaction of the note; that it was stipulated that the suit might proceed in the name of the plaintiff for the benefit of…
2Cases cited6 opinions
- Kenyon v. SquireWashington Supreme Court · 1890
- Herkimer Manufacturing & Hydraulic Co. v. SmallNew York Supreme Court · 1839
- Mervin & Goldsmith v. KumbelNew York Supreme Court · 1840
- Covell v. WestonNew York Supreme Court · 1823
- Boyd v. WeeksNew York Supreme Court · 1845
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