Baker v. Davis
Superior Court of New Hampshire
Debí, by Johu Baker and Nathaniel Baker, against Nathaniel A. Davis and Benjamin Wadleigh on a judgment for $401.59 debt and cost, recovered in the county of Merrimack, March Term, 1845. Plea, that on the 4th of April, 1845, the plaintiffs sued out their writ of execution and caused execution on said judgment to be done in full satisfaction thereof, and said execution to be returned fully satisfied.
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Debí, by Johu Baker and Nathaniel Baker, against Nathaniel A. Davis and Benjamin Wadleigh on a judgment for $401.59 debt and cost, recovered in the county of Merrimack, March Term, 1845. Plea, that on the 4th of April, 1845, the plaintiffs sued out their writ of execution and caused execution on said judgment to be done in full satisfaction thereof, and said execution to be returned fully satisfied. To this the plaintiffs replied, denying the allegations of the plea and tendering an issue, which was joined by the defendants. To support their plea the defendants produced on trial an execution…
1Opinion of the CourtPerley, J.
A good deal of evidence has been submitted to the Court on this motion, from which the following statement of facts is clearly deduced.
On the 15th of January, 1840, the defendants gave the plaintiff their promissory note for $284.89. The note was given for money lent to Nathaniel A. Davis, and Benjamin Wadleigh was a surety. Wadleigh was then, and has been since, a man of property, at all times abundantly able to pay the debt. Previous to the 17th of January, 1844, Nathaniel Baker transferred to John Baker his interest in the note, and, since that transfer, John Baker has been the sole owner…
2Cases cited4 opinions
- Miller v. ShacklefordCourt of Appeals of Kentucky · 1836
- Bank of Montpelier v. DixonSupreme Court of Vermont · 1832
- Colbourn v. RossiterSupreme Court of Connecticut · 1818
- Mundorff v. SingerSupreme Court of Pennsylvania · 1836
3Cited by1 opinion
- Jaffrey v. SmithSupreme Court of New Hampshire · 1911