Peaslee v. Breed
Superior Court of New Hampshire
Assumpsit, for money paid by the plaintiff, as administrator, and by his intestate, Israel Peaslee. The writ was dated September 28, 1837. Pleas, the general issue, and the statute of limitations. The plaintiff gave in evidence a note, signed by the defendant, and the intestate, dated Oct. 22, 1827, for $1172-48, payable to Olney Thompson, or order, on demand and interest.
Read the full summary
Assumpsit, for money paid by the plaintiff, as administrator, and by his intestate, Israel Peaslee. The writ was dated September 28, 1837. Pleas, the general issue, and the statute of limitations. The plaintiff gave in evidence a note, signed by the defendant, and the intestate, dated Oct. 22, 1827, for $1172-48, payable to Olney Thompson, or order, on demand and interest. On the note were the following indorsements : “ One year’s interest” (without date) ; “ 2 mo. 18, 1830, $65, in part of interest; 21 of 10 mo. 1831, interest to this date ; 17 of 10 mo. 1833, interest to 22d of this month.”…
1Opinion of the Court
Parker, C. J,
When the intestate paid the interest in 1831, and in 1833, the defendant was liable on the note, as well as himself, and a cause of action arose in favor of the intestate, to recover one half of those sums. The action was commenced.within six years from the time when the first of those sums was paid, and of course no question can be raised as to them. The intestate might have maintained a suit, had he lived. 3 N. H. Rep. 270, Odlin vs. Greenleaf; Crosby vs. Wyatt, ante 318.
The other part of the case raises the question whether, *491when one of two makers of a note is discharged by…
2Cases cited2 opinions
- Odlin v. GreenleafSuperior Court of New Hampshire · 1825
- Sibley v. McAllasterSuperior Court of New Hampshire · 1836
3Cited by2 opinions
- Boardman v. PaigeSuperior Court of New Hampshire · 1840
- Whipple v. StevensSuperior Court of New Hampshire · 1848