Edson v. Fuller
Superior Court of New Hampshire
Appeal, from the judgment of a magistrate. The action was assumpsit. The writ was dated December 25th, 1847, and contained two counts.
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Appeal, from the judgment of a magistrate. The action was assumpsit. The writ was dated December 25th, 1847, and contained two counts. The first set forth that the defendant executed his promissory note to one Osker Cleasby, on the 9th of April, 1847, and there afterwards, on the same day, the said Cleasby sold and delivered the note to the plaintiff, and drew his order in writing on the back of said note, &c., and requested the defendant to pay the amount due on said note to the plaintiff. And the plaintiff afterwards on the 20th of November, 1847, presented the note, with the order thereon,…
1Opinion of the CourtWoods, J.
It is alleged, that the proofs offered in support of the declaration in this case, were insufficient for that purpose. It is contended that no presentment, or acceptance of the order of Cleasby to pay the note to the plaintiff, is shown.
We will first inquire whether there is sufficient proof of acceptance of the order; for if it was accepted, that would preclude all doubt of a sufficient presentment of it, for that purpose. Eor the acceptance would be plenary proof of a proper presentment. If an acceptance, which is the object of a presentment for acceptance, was effected, nothing more…
2Cases cited11 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Ontario Bank v. WorthingtonNew York Supreme Court · 1834
- Bank of Michigan v. ElyNew York Supreme Court · 1837
- Shouse v. UtterbackCourt of Appeals of Kentucky · 1859
- Grant v. ShawMassachusetts Supreme Judicial Court · 1820
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