Beals v. Hill
Supreme Court of New Hampshire
Assumpsit, on notes. The plaintiff objects to the admission of evidence tending to show that the notes had been paid by the assignment of a patent right.
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Assumpsit, on notes. The plaintiff objects to the admission of evidence tending to show that the notes had been paid by the assignment of a patent right. At a former term, the defendant had obtained a continuance upon his affidavit that he was advised by his counsel and believed that his claim for the assignment probably could not be allowed as a set-off, and that, for reasons stated, judgment should not be rendered against him before he had an opportunity, in a pending suit on his claim against the plaintiff, to obtain a judgment which might be set off against the plaintiff’s judgment in…
1Opinion of the CourtBingham, J.
The court rejected evidence tending to show that the notés were paid. This was a meritorious defence, and it should not have been rejected except for good cause. The reason assigned for rejecting it was, that the defendant made the affidavit described in the case. It is apparent that the defendant was misinformed as to his legal rights at the time he made affidavit. He then believed that he would be unable to avail himself of this defence in the trial of this action. He afterwards learned that he could, and offered to do so. The court rejected it, on the ground that he was estopped. The…
2Cited by1 opinion
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