Drew v. Towle
Superior Court of New Hampshire
Assumpsit. The writ was dated the fourth day of March, A. D. 1850. The action was commenced to recover the amount of two promissory notes, dated November 30th, 1847, for two hundred dollars each, and payable, the first in one year and the second in two years from said date, with interest; and also a note for one hundred and ninety-nine dollars, with interest after the first day of April, 1849. Upon each of the two hundred dollar notes is the following indorsement: “ 27 May…
Read the full summary
Assumpsit. The writ was dated the fourth day of March, A. D. 1850. The action was commenced to recover the amount of two promissory notes, dated November 30th, 1847, for two hundred dollars each, and payable, the first in one year and the second in two years from said date, with interest; and also a note for one hundred and ninety-nine dollars, with interest after the first day of April, 1849. Upon each of the two hundred dollar notes is the following indorsement: “ 27 May 1848 rec’d interest on the within until the first day of April next.” And upon the note due in one year is the following…
1Opinion of the CourtWoods, C. J.
Interest is not allowable on the indorsement of January 10, 1849. The sum of $175 was paid *535and received in part of the principal of the note. The interest had been adjusted prior to that date, to wit, May 27, 1848, to the first of April, 1849, on each of the f200 notes. There was, then, nothing to which the payment of the $ 175 upon the note for $>200, which fell due in one year, to wit, November 30, 1848, could be applied, but the principal of the note. The indorsement is in these words and figures : “ January 10, 1849, received in part of the within note one hundred and seventy-five…
2Cases cited2 opinions
- Crosby v. WyattSuperior Court of New Hampshire · 1839
- Kingsbury v. SmithSuperior Court of New Hampshire · 1842
3Cited by3 opinions
- Coco v. JaskunasSupreme Court of New Hampshire · 2009
- Van Hooijdonk v. LangleySupreme Court of New Hampshire · 1971
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881