Crosby v. Wyatt
Superior Court of New Hampshire
Assumpsit, for money paid, <&c. The writ was dated July 17, 1837. Plea, the general issue, with a brief statement, that the defendant would rely upon the statute of limitations.
Read the full summary
Assumpsit, for money paid, <&c. The writ was dated July 17, 1837. Plea, the general issue, with a brief statement, that the defendant would rely upon the statute of limitations. It appeared in evidence, that one Jesse Varney and the plaintiff were formerly copartners in business, and that, July 25, 1816, they, as principals, with J. Mann and P. Chandler as sureties, gave a promissory note to the Strafford bank, for $1000 in sixty days — that, May 25, 1821, a note was given to the bank by Varney as principal, and the plaintiff and Chandler as sureties, for the sum of $600, being the balance…
1Opinion of the CourtParker, C. J.
The note of Varney, upon which these parties were sureties, was given to the Strafford Bank in March, 1825. The writ in favor of the bank, against the plaintiff, was issued in February, 1830. The plaintiff, therefore, could not avail himself of a plea of the statute of limitations, in that action, less than six years having elapsed from the time when the note was given ; nor could the defendant, if a suit had then been instituted against him by the bank, have set up a defence of that character. In May, 1833, when the plaintiff paid the money, more than six years having elapsed from the date,…
2Cases cited4 opinions
- Fuller v. LittleSuperior Court of New Hampshire · 1835
- Grafton Bank v. WoodwardSuperior Court of New Hampshire · 1829
- Odlin v. GreenleafSuperior Court of New Hampshire · 1825
- Wheat v. KendallSuperior Court of New Hampshire · 1834
3Cited by4 opinions
- Drew v. TowleSuperior Court of New Hampshire · 1855
- First Cong. Soc. in Lyme v. MillerSuperior Court of New Hampshire · 1844
- Merrimack County Bank v. BrownSuperior Court of New Hampshire · 1841
- New-Hampshire Savings Bank v. ElaSuperior Court of New Hampshire · 1840