Brooks v. Hubbard
Supreme Court of Connecticut
THIS was an action on a promissory note in these words: “ Berlin, March 9, 1816. Twelve months from date, I promise to pay Hez elciah Brooks, two hundred and fifty dollars, in hrown cotton shirting, at the price of thirty cents per yard, for every yard in length, and to average three fourths of a yard in width. Lemuel HubbardM The defendant was defaulted, and moved to be heard in damages, which was allowed.
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THIS was an action on a promissory note in these words: “ Berlin, March 9, 1816. Twelve months from date, I promise to pay Hez elciah Brooks, two hundred and fifty dollars, in hrown cotton shirting, at the price of thirty cents per yard, for every yard in length, and to average three fourths of a yard in width. Lemuel HubbardM The defendant was defaulted, and moved to be heard in damages, which was allowed. He then offered the testimony of sundry witnesses to prove, that on the day when the note became payable, the price of the shirting therein described, was, at the place of payment, twenty…
1Opinion of the Court
Hosmer, Ch. J.
This is an action on a promissory note, in which the defendant suffered a default, and, on a hearing in damages, claimed the admission of parol testimony, to prove the value of cotton shirting, when the note fell due. The testimony was rejected, on the ground that the damages were liquidated, and, by the agreement of the parties, appeared on the face of the contract. The note was payable in twelve months from date, and contained a promise to pay the plaintiff 250 dollars in brown cotton shirting, at the price of thirty cents per yard.
The contract in question is one of the' most…
2Cited by18 opinions
- Stanton v. New York & Eastern Railway Co.Supreme Court of Connecticut · 1890
- Pinney v. GleasonCourt for the Trial of Impeachments and Correction of Errors · 1830
- New York News Publishing Co. v. National Steamship Co.New York Court of Appeals · 1895
- Heywood v. HeywoodSupreme Judicial Court of Maine · 1856
- Kimpton v. BronsonNew York Supreme Court · 1866
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