Legal Opinion

Parsons v. Brown

Supreme Court of New Hampshire

Decided January 15, 1871Published

Assumpsit, by Hezekiali Parsons against James B. Brown, upon a negotiable promissory note which is endorsed by the payees.

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Assumpsit, by Hezekiali Parsons against James B. Brown, upon a negotiable promissory note which is endorsed by the payees. The defendant pleaded in abatement, “ that at the commencement of this suit the said plaintiff had no interest in or control of the causes of action set forth in his writ, but is a nominal and fictitious plaintiff only; and that the said promissory note, first described in the plaintiff’s writ, was, at the commencement of this suit, the property of Richard P. Kent, Son & Co., late partners in business at Lancaster, in the southern judicial district of said county of Coos…

1Opinion of the CourtSmith, J.

Section 18, chapter 19, Gen. Statutes, provides that all actions, petitions, appeals, and prosecutions, in all civil cases, shall be commenced, entei’ed, and prosecuted in the supreme court for the several judicial districts of the counties of Grafton and Coos, in the same manner they would be if each of said districts was a distinct county. Section 1, chapter 201, Gen. Statutes, provides that transitory actions, in which both parties are inhabitants .of the State, may be brought in the county of which either party is an inhabitant, and not elsewhere.

In Eames v. Carlisle, 3 N. H. 130 (p.…

2Cases cited2 opinions

  1. Dean v. HewitNew York Supreme Court · 1830
  2. Day v. JacksonMassachusetts Supreme Judicial Court · 1809

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