Coburn v. Odell
Superior Court of New Hampshire
Assumpsit, to recover the balance due upon a note, dated January 1,1843, for the sura of $2,190, signed by the defendant, and payable to the plaintiff or order, on demand, with interest; and indorsed, March 27, 1851, $1,200, and June 3, 1851, $200. A receipt had also been given for a sum to be applied on the note. Plea, the general issue.
Read the full summary
Assumpsit, to recover the balance due upon a note, dated January 1,1843, for the sura of $2,190, signed by the defendant, and payable to the plaintiff or order, on demand, with interest; and indorsed, March 27, 1851, $1,200, and June 3, 1851, $200. A receipt had also been given for a sum to be applied on the note. Plea, the general issue. The defendant asked that the plaintiff should be examined as a witness, and he was placed upon the stand by the plaintiff’s counsel, and was sworn, without making any ob-section, by himself or council. He was then requested by the defendant’s counsel to…
1Opinion of the CourtEastman, J.
The plaintiff had a good prima facie cause of action; a promissory note, given to him by the defendant, and expressing upon its face a valid consideration ; a *552value received. A promissory note imports a consideration, and that presumption is to stand until the contrary is shown. Horn v. Fuller, 6 N. H. Rep. 511; 2 Stark. Ev. 280; 9 Johns. Rep. 217; Adams v. Hackett, 7 Foster’s Rep. 293.
To defeat the action, the defendant undertook to show that the note was given, in whole or in part, for spirituous liquors sold contrary to law, and without license. Was this defence shown by competent and…
2Cases cited15 opinions
- People v. MatherNew York Supreme Court · 1830
- Muldon v. WhitlockNew York Supreme Court · 1823
- Schemerhorn v. LoinesNew York Supreme Court · 1810
- Roby v. WestSuperior Court of New Hampshire · 1828
- Jaffrey v. CornishSuperior Court of New Hampshire · 1840
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. St. PierreCourt of Appeals for the Second Circuit · 1942
- State Ex Rel. Doran v. DoranSupreme Court of Louisiana · 1949
- Leanne Walters v. Richard SnyderCourt of Appeals for the Sixth Circuit · 2022
- United States v. St. PierreCourt of Appeals for the Second Circuit · 1942
- United States v. St. PierreCourt of Appeals for the Second Circuit · 1942