Barker v. Heath
Supreme Court of New Hampshire
Assumpsit, upon the defendant’s promissory note for $734.52, dated April 1,1895, payable to the plaintiff on demand witb interest. The writ is dated November 2, 1905. Plea, the statute of limitations ; replication, a new promise within six years. Trial by jury and verdict for the plaintiff.
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Assumpsit, upon the defendant’s promissory note for $734.52, dated April 1,1895, payable to the plaintiff on demand witb interest. The writ is dated November 2, 1905. Plea, the statute of limitations ; replication, a new promise within six years. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1906, of the superior court by Pike, J. The following indorsements are upon the back of the note: April 10, 1895, $5; September 19, 1895, $5; October 16, 1895, $5; December 16, 1895, $5 ; September 19, 1896, $3; August 25, 1898, $2; December 26, 1899, $2. The plaintiff…
1Opinion of the CourtChase, J.
It was held in the earlier cases of assumpsit, in this-state, that while a simple acknowledgment of a debt would not prevent the statute of limitations from operating upon it, such acknowledgment was evidence from which, if there was nothing to rebut it, a jury might find a new promise. If, the acknowledgment was accompanied by a condition, limitation, or qualification of any kind, its effect as evidence was modified correspondingly. Stanton v. Stanton, 2 N. H. 425; Buswell v. Roby, 3 N. H. 467; Atwood v. Coburn, 4 N. H. 315. Doubts were entertained whether these decisions were in accord with…
2Cases cited9 opinions
- Brown v. LathamSupreme Court of New Hampshire · 1876
- Holt v. GageSupreme Court of New Hampshire · 1881
- Engel v. BrownSupreme Court of New Hampshire · 1897
- Dodge v. LeavittSupreme Court of New Hampshire · 1879
- Gage v. DudleySupreme Court of New Hampshire · 1886
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3Cited by4 opinions
- Van Buskirk v. KuhnsCalifornia Supreme Court · 1913
- Benton v. BentonSupreme Court of Kansas · 1908
- Wilcox v. TurnerCourt of Appeals of Georgia · 1935
- Levensaler v. BatchelderSupreme Court of New Hampshire · 1929