Robinson v. Gilman
Supreme Court of New Hampshire
Assumpsit, brought by Irene Robinson, administratrix of J. L. Robinson, against Nathaniel G. Gilman and others, administrators of N. Gilman, on two promissory notes signed by N. Gilman, payable on demand, and duly transferred by the original payees to J. L. Robinson. The defendants’ liability upon these notes was admitted.
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Assumpsit, brought by Irene Robinson, administratrix of J. L. Robinson, against Nathaniel G. Gilman and others, administrators of N. Gilman, on two promissory notes signed by N. Gilman, payable on demand, and duly transferred by the original payees to J. L. Robinson. The defendants’ liability upon these notes was admitted. A notice of set-off was filed, in which the defendants claimed that one Rollins was indebted to N. Gilman in two promissory notes therein described ; that J. L. Robinson, on July 1, 1854, promised and agreed to aud with said Gilman, then the holder and owner of these notes,…
1Opinion of the CourtBell, C. J.
A brief statement of set-off was, in substance, that in consideration that said Gilman would not bring a suit on two promissory notes due to him from one Eollins, and summon said Eobinson as trustee of said Eollins, he would procure said notes to be settled and paid to said Gilman; that said Gilman did not bring such suit and did not summon said Eobinson as trustee, whereby said Eobinson became liable to perform his promises aforesaid. This statement was rejected, because, as we infer from the argument, it is a claim for uncertain and unliquidated damages, and therefore inadmissible as a…
2Cases cited29 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Farley v. ClevelandNew York Supreme Court · 1825
- State Ex Rel. v. CollierTennessee Supreme Court · 1930
- Ellwood v. MonkNew York Supreme Court · 1830
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