Hinds v. Chamberlin
Superior Court of New Hampshire
Assumpsit upon a promissory note, dated April 23, 1831, for $25. Upon the trial, at the common plea’s sittings, May term, 1833, it appeared in evidence that prior to the 25th of April, 1831, one Levi Bean had commenced suits against the defendant and other individuals, for an alleged assault and battery, which suits were then pending, that on the 23d of April the parties met at the office of the plaintiff, for the purpose of effecting a settlement — - that it was then agreed…
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Assumpsit upon a promissory note, dated April 23, 1831, for $25. Upon the trial, at the common plea’s sittings, May term, 1833, it appeared in evidence that prior to the 25th of April, 1831, one Levi Bean had commenced suits against the defendant and other individuals, for an alleged assault and battery, which suits were then pending, that on the 23d of April the parties met at the office of the plaintiff, for the purpose of effecting a settlement — - that it was then agreed that the defendant should give the note in question, with other notes, and that the other defendants in those suits…
1Opinion of the CourtParker, J.
The jury having found that the bond in this case formed a part of the consideration of the note in suit, the first question is, whether the bond is legal, or otherwise. If the contract entered into by the plaintiff, as set forth in the bond, be a legal contract, the direction to the jury was erroneous, and the verdict must be set aside.
So far as the bond undertakes to indemnify against any civil action it would be well, if nothing more was contained in the condition ; but the bond, so far as it concerns the consideration of this note, is an entire undertaking. The note was given in…
2Cases cited3 opinions
- Crawford v. MorrellNew York Supreme Court · 1811
- Carleton v. WhitcherSuperior Court of New Hampshire · 1830
- Plumer v. SmithSuperior Court of New Hampshire · 1832
3Cited by2 opinions
- Coburn v. OdellSuperior Court of New Hampshire · 1855
- Wentworth v. BlaisdellSuperior Court of New Hampshire · 1845