Fletcher v. Thompson
Supreme Court of New Hampshire
Assumpsit, upon a note of which the following is a copy: $25.00 Chesterfield, April 1, 1872. For value received, I promise to pay Henry Fletcher, or order, twenty-five dollars in one year from date, for the rent of five rooms; and the said Henry Fletcher is to build a barnyard fence ; and the said Thompson is to have all the land back of the house. Persis M. Thompson.
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Assumpsit, upon a note of which the following is a copy: $25.00 Chesterfield, April 1, 1872. For value received, I promise to pay Henry Fletcher, or order, twenty-five dollars in one year from date, for the rent of five rooms; and the said Henry Fletcher is to build a barnyard fence ; and the said Thompson is to have all the land back of the house. Persis M. Thompson. Writ dated April 4,1873. Plea, the general issue, with a brief statement setting forth the following grounds of defence, viz.: (1) That there was a total failure of consideration ; (2) that there was a partial failure of…
1Concurrence
It appears to me that the alleged note was not a negotiable promissory note. It was rather in the nature of an agreement for the use of real estate. It contains the defendant's promise to pay, in one year from date, for the rent of five rooms, and then contains a statement of matters which Fletcher is to perform. The payment of the note depended on the contingency of the defendant's being permitted by the plaintiff to occupy the five rooms, and if she had been evicted by paramount title, or been in any other way, by the fault of the plaintiff, prevented from occupying the rooms during the…
2Cases cited1 opinion
- Scammon v. ScammonSuperior Court of New Hampshire · 1854