Andersen v. Young
Supreme Court of New Hampshire
Assumpsit, on a promissory note. Plea, tbe general issue. Trial by tbe court. Transferred, from tbe March term, 19 07, of tbe superior court by Chamberlin, J.
1Opinion of the CourtBingham, J.
This action was brought to recover tbe sum due on a promissory note given by tbe defendant in part payment for two lots of land situated in tbe state of Nebraska. Tbe plea was tbe general issue. Tbe defence under it was a total failure of consideration. No special plea or brief statement alleging facts showing a partial failure of consideration was filed. Jones v. Houghton, 61 N. H. 51; P. S., c. 202, s. 7. It was therefore incumbent upon the defendant to establish a total failure of consideration. Flet cher v. Chase, 16 N. H. 38, 40. Tbe case states that “ there was no failure of…
2Cases cited10 opinions
- Horbach v. TyrrellNebraska Supreme Court · 1896
- Prout v. BurkeNebraska Supreme Court · 1897
- Fugate v. Hansford's Ex'rsCourt of Appeals of Kentucky · 1823
- Garland v. WellsNebraska Supreme Court · 1883
- Gardels v. KlokeNebraska Supreme Court · 1893
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3Cited by2 opinions
- Carpenter v. TinglofSupreme Court of New Hampshire · 1912
- Hansen v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1917