Tillotson v. Grapes
Superior Court of New Hampshire
Assumpsit upon anote for $15, dated March 10, 1820, and payable to John M. Tillotson, the intestate, in three years, with interest annually. 1 he cause was tried here upon the general issue, at November term, 1825, when it was admitted that the defendant ¡nade the note, but he offered in evidence, a eon-tract made at the same time between him and the payee, as follows :— ■ In consideration that Jacob Grapes has relinquished the Spaulding lot, in Northumberland, and given me…
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Assumpsit upon anote for $15, dated March 10, 1820, and payable to John M. Tillotson, the intestate, in three years, with interest annually. 1 he cause was tried here upon the general issue, at November term, 1825, when it was admitted that the defendant ¡nade the note, but he offered in evidence, a eon-tract made at the same time between him and the payee, as follows :— ■ In consideration that Jacob Grapes has relinquished the Spaulding lot, in Northumberland, and given me his note for $75, payable in three years, and interest, ! promise him on the payment of the above, to deed liim a lot of…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
The note, on which this action is founded, and the promise of the intestate, which is stated in the case, being made at the same time, and relating to the same matter, the whole must be considered as one transaction ; and the amount of the agreement between the parties seems to have been that the defendant should relinquish the Spaulding lot, and pay $75, in three years, with interest annually, and that the intestate, on the payment of that sum, should convey to the defendant a certain lot of land if he owned it, and if not, should buy…
2Cases cited3 opinions
- Frisbee v. HoffnagleNew York Supreme Court · 1814
- Wheeler v. BoardNew York Supreme Court · 1815
- Shepherd v. TempleSuperior Court of New Hampshire · 1826