Exeter Bank v. Sullivan
Superior Court of New Hampshire
Assumpsit. One count was upon a note, for $3200, dated March 7, 1803, and payable to the bank in sixty days, with interest after. Another count was upon a note, for $1078,60, payable to the bank, in sixty clays, with interest after, and dated, December 28, 1812. The action was commenced on the 22d November, 1830, against G. Sullivan and Oliver Peabody, who jointly pleaded the general issue and the statute of limitations. But 0. Peabody died before the trial.
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Assumpsit. One count was upon a note, for $3200, dated March 7, 1803, and payable to the bank in sixty days, with interest after. Another count was upon a note, for $1078,60, payable to the bank, in sixty clays, with interest after, and dated, December 28, 1812. The action was commenced on the 22d November, 1830, against G. Sullivan and Oliver Peabody, who jointly pleaded the general issue and the statute of limitations. But 0. Peabody died before the trial. At the trial here, August term, 1832, the plaintiffs produced a note, of which the following is a copy. $3200. March 7, 1808. Value…
1Opinion of the CourtRichardson, C. J.
delivered the opinion of the court.*
This corporation has shown great indulgence to the makers of these notes ; — an indulgence, which can hardly be reconciled with any true banking principles ; which could scarcely be deemed safe in any case and under any circumstances, either to the bank or the surety, and' which is not unlikely to have been injurious even to the principal himself. For too much indulgence to its debtors, on the part of a bank, is, not unfrequently, like too much indulgence by a parent to a child, pregnant with mischief to them to whom it is accorded. And in a case like this,…
2Cases cited6 opinions
- Sands v. GelstonNew York Supreme Court · 1818
- Smith v. LudlowNew York Supreme Court · 1810
- Johnson v. BeardsleeNew York Supreme Court · 1818
- Stanton v. StantonSuperior Court of New Hampshire · 1822
- Atwood v. CoburnSuperior Court of New Hampshire · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- A&B Lumber Co. v. VrushoSupreme Court of New Hampshire · 2005
- White v. JordanSupreme Judicial Court of Maine · 1847
- Manning v. WheelerSuperior Court of New Hampshire · 1843
- Jones v. JonesSuperior Court of New Hampshire · 1850
- Whipple v. StevensSuperior Court of New Hampshire · 1850
4 more not listed; retrieve them via the Exa API.