Eastman v. Fifield
Superior Court of New Hampshire
Assu.\iPsit upon a note in the following words : “ November 19, 1817. For value received, I promise “ John Eastman, to pay him, or order, one hundred dollars, “ to be paid at Esqr. Jackman’s, in Bradford, in the month, u of February, 1823, with interest.”
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Assu.\iPsit upon a note in the following words : “ November 19, 1817. For value received, I promise “ John Eastman, to pay him, or order, one hundred dollars, “ to be paid at Esqr. Jackman’s, in Bradford, in the month, u of February, 1823, with interest.” The cause was submitted to the decision of the court, upon the following facts : It was agreed, that the defendants made the note, that the plaintiff was not at Esqr, Jackman’s, in Bradford, in the month of February, 1823, and that no demand of payment was ¡nade there previous to the commencement of this suit. And it was agreed, that if the…
1Opinion of the CourtRichardson, C. J.
The contract of the defendants in this case was to pay in the month of February, 1823, and would have been performed by a payment at any time during that month. It may be, therefore, considered as a contract to pay on or before the last day of February, 1823 ; and the question to be decided is, whether, when a promissory note is made payable at a particular time and place, it is necessary, that the payee shew a demand at the place, in order to enable him to maintain an action ?
It is well settled, that, when a promissory note is made payable at a particular place on demand, no action can be…
2Cases cited1 opinion
- Ruggles v. PattenMassachusetts Supreme Judicial Court · 1812
3Cited by2 opinions
- Buffum v. BuffumSuperior Court of New Hampshire · 1841
- Otis v. BartonSuperior Court of New Hampshire · 1839