Jones v. Jones
Superior Court of New Hampshire
Assumpsit on a promissory note, dated November 16th, 1825, for $131, payable to W. Jones or order, on demand, with interest. The defendant pleaded the general issue, with a brief statement of the Statute of Limitations, and a notice of set-off.
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Assumpsit on a promissory note, dated November 16th, 1825, for $131, payable to W. Jones or order, on demand, with interest. The defendant pleaded the general issue, with a brief statement of the Statute of Limitations, and a notice of set-off. The pote had the following indorsements : August 29, 1829, received $8 ; October 2,1833, received $12; August 12,1837, received $30; July 20,1840, received $65; June 18th, 1842, received $25. William Jones died in August, 1845, and administration was granted to the plaintiff on the 2d of September, 1845. The writ is dated on the 22d of April, 1848. It…
1Opinion of the CourtGilchrist, C. J.
The last three indorsements on the note having been made by the defendant, the court instructed the jury, that they were evidence from which a new promise to pay the note might be inferred, and that it was the duty of the jury to draw that inference, if the evidence were not varied or controlled by other proof. In Roseboom v. Billington, 17 Johns. 182, it was held, that proof of an indorsement upon a note made at a time when its operation would be against the interest of the party making it, would be evidence for the consideration of the jury. In the case of the Utica Ins. Co. v. Kip, 3 Wend.…
2Cases cited3 opinions
- Roseboom v. BillingtonNew York Supreme Court · 1819
- Exeter Bank v. SullivanSuperior Court of New Hampshire · 1833
- Utica Insurance v. KipNew York Supreme Court · 1829
3Cited by3 opinions
- Zurback Steel Corp. v. EdgcombSupreme Court of New Hampshire · 1980
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992