Otis v. Barton
Superior Court of New Hampshire
Assumpsit, oil a count for money had and received, and oil a promissory note. The general issue was plead, and a brief statement filed, setting forth special matters in defence, which appear in the case as drawn.
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Assumpsit, oil a count for money had and received, and oil a promissory note. The general issue was plead, and a brief statement filed, setting forth special matters in defence, which appear in the case as drawn. The plaintiff gave in evidence a note as follows : “Concord, Aug. 8, 1S37. For value received I promise to pay Cheney & Morrison, or order, one hundred and fifty dollars ⅜¾, in six months from date, with interest after, payable at the Mechanicks Bank, in Concord, N. H. Cyrus Barton.” Which note was indorsed by the promisees to the plaintiff. The cashier of the Mechanicks Bank…
1Opinion of the CourtUpham, J.
It is well settled, that when a note is payable at a particular time and place, no demand at such place is necessary. If, however, the promissor is ready at the time and place, to make payment, it is a matter of defence. This principle is recognized in 3 N. H. Rep. 333, Eastman vs. Fifield; and is directly decided in 17 Mass. R. 389, Carly vs. Vance, which has been cited in the argument by the plaintiff ⅛ counsel.
The circumstance that this note is drawn payable at a particular time and place, with interest after, makes no difference in the contract. The condition that it should be on interest…
2Cases cited2 opinions
- Eastman v. FifieldSuperior Court of New Hampshire · 1826
- Sargent v. GrahamSuperior Court of New Hampshire · 1831