Wheeler v. Robinson
Supreme Court of New Hampshire
Assumpsit, byEben T. Wheeler, administrator of Myron W. Wood, against William Robinson. Plaintiff’s declaration embraced two counts: 1st, upon a promissory note, payable to said Wood. 2nd, for money had and received, wherein the same note was relied on. The pleas were the general issue, and the statute of limitations upon which issue was joined. The action was, by consent of parties, tried by the court.
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Assumpsit, byEben T. Wheeler, administrator of Myron W. Wood, against William Robinson. Plaintiff’s declaration embraced two counts: 1st, upon a promissory note, payable to said Wood. 2nd, for money had and received, wherein the same note was relied on. The pleas were the general issue, and the statute of limitations upon which issue was joined. The action was, by consent of parties, tried by the court. The plaintiff' offered in evidence the following promissory note, with two indorsements thereon, viz.: “ Hancock, Nov. 19, 1860. For value received I promise to pay Myron W. Wood, or his…
1Opinion of the CourtLadd, J.
The note was dated Nov. 19,1860. Wood died Dec. 24, 1864; and the first indorsement relied on as evidence from which a new promise may be found was in his hand-writing ; so that it appears by evidence aliunde that this indorsement must have been made, at the least, about two years before the statute would attach, if not at the time of its date.
The question is whether, under these circumstances, the indorsement was evidence legally admissible to show part payment, fróm which a new promise to pay the balance might be inferred.
It is said to be well settled that a mere indorsement by the…
2Cases cited4 opinions
- Sherman v. CrosbyNew York Supreme Court · 1814
- Chandler v. LawrenceMichigan Supreme Court · 1854
- Chase v. SmithSupreme Court of Vermont · 1833
- Evans v. SmithSupreme Judicial Court of Maine · 1852