Gilman Bros. v. Stevens
Supreme Court of New Hampshire
Assumpsit upon an account. Facts found by the court. The defendant was defaulted, and the defence was made by subsequent attaching creditors. . September 6, 1888, the defendant was indebted to the plaintiffs in the sum of $822.37 upon account, for goods sold to him in Boston. On that day Burr, the plaintiffs’ traveller, called upon the defendant for money on account.
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Assumpsit upon an account. Facts found by the court. The defendant was defaulted, and the defence was made by subsequent attaching creditors. . September 6, 1888, the defendant was indebted to the plaintiffs in the sum of $822.37 upon account, for goods sold to him in Boston. On that day Burr, the plaintiffs’ traveller, called upon the defendant for money on account. The defendant was unable to pay, but offered his notes, amounting to $500, payable tó the plaintiffs, $200 in fourteen, $150 in thirty, and $150 in forty-five days. Burr had no authority to accept notes, but received and…
1Opinion of the CourtClabk, J.
The notes were made and payable in this state, and in determining their validity and effect they must be regarded as New Hampshire contracts. Dow v. Rowell, 12 N. H. 49; Bank v. Colby, 12 N. H. 520; Dyer v. Hunt, 5 N. H. 401; Thayer v. Elliott, 16 N. H. 102; Little v. Riley, 43 N. H. 109; Chase v. Dow, 47 N. H. 405. The contract of the maker with the payees and with any indorsee of the notes was to be performed in this state, and is governed by the law of New Hampshire. Sto. Conf. Laws, s. 332; Woodruff v. Hill, 116 Mass. 310. In this state a note is not payment of a preexisting debt unless…
2Cases cited1 opinion
- Woodruff v. HillMassachusetts Supreme Judicial Court · 1874
3Cited by2 opinions
- Louis-Dreyfus v. Paterson Steamships, Ltd.Court of Appeals for the Second Circuit · 1930
- Thomson-Houston Electric Co. v. PalmerSupreme Court of Minnesota · 1893