Burnham v. Spooner
Superior Court of New Hampshire
Assumpsit, upon a promissory note of the defendant, dated November 15,1836, payable to the plaintiffs, or order, on demand and interest, for $392-02; also upon an account annexed, for goods sold — balance due $393-02. On the trial it appeared, that at several times, in the year 1836, the defendant purchased of the plaintiffs, who were merchants in Boston, bills of goods, amounting in the whole to $786-05. The defendant Avas then resident in Ghelsea, Massachusetts, but left…
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Assumpsit, upon a promissory note of the defendant, dated November 15,1836, payable to the plaintiffs, or order, on demand and interest, for $392-02; also upon an account annexed, for goods sold — balance due $393-02. On the trial it appeared, that at several times, in the year 1836, the defendant purchased of the plaintiffs, who were merchants in Boston, bills of goods, amounting in the whole to $786-05. The defendant Avas then resident in Ghelsea, Massachusetts, but left that place, and came to Franconia, in this state, the same year. After this, the plaintiffs, and other persons who had…
1Opinion of the CourtParker, C. J.
The plaintiffs having procured leave to amend their declaration, in anticipation of the defence which might be set up against their claim upon the note, (ante 165,) the question now made is, whether they can recover in this suit upon their original demand, which is the subject of the new count, introduced by the amendment.
There was a lawful debt due from the defendant to the plaintiffs. This is not disputed. While this existed, an arrangement was made between them, by which the plaintiffs received the note of a third person for part, and the note of the defendant for the residue, with certain…
2Cases cited3 opinions
- Wright v. First Crockery Ware Co.Superior Court of New Hampshire · 1818
- M'Crillis v. HowSuperior Court of New Hampshire · 1826
- Shaw v. SpoonerSuperior Court of New Hampshire · 1838
3Cited by1 opinion
- Breck v. BlanchardSuperior Court of New Hampshire · 1851