Grafton Bank v. Woodward
Superior Court of New Hampshire
Assumpsit upon a note for $800, dated July 23, 1823, and payable to the bank, on demand, with interest after sixty days. The cause was tried here upon the general issue, at May term 1830, and a verdict returned for the plaintiffs. The defendant moved for a new trial on the following case.
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Assumpsit upon a note for $800, dated July 23, 1823, and payable to the bank, on demand, with interest after sixty days. The cause was tried here upon the general issue, at May term 1830, and a verdict returned for the plaintiffs. The defendant moved for a new trial on the following case. The note was made by Aaron Hale, Thomas Kent, Joel Phelps, Jonathan Pool, and Joshua Woodward, and contained their joint and several promises without any designation of principal and surety ; but Aaron Hale was in fact the principal, and the other makers only sureties, and this was known to the directors of…
1Opinion of the CourtRichardson, C. J.
The first question in this case is, whether the direction to the jury, with regard to the testimony of Hale* was correct ?
In order to determine this question, it is necessary to see distinctly what was the matter in dispute between the parties. It was not denied that there was an agreement between the bank and Hale with respect to the note on the 28th January, 1824 ; but the question was* what was that agreement ? On the part of the defendant, it was said that the agreement was absolute and unconditional to wait sixty days at all events. On the other side, the agreement was alleged to be, to…
2Cases cited1 opinion
- Ross v. KnightSuperior Court of New Hampshire · 1827
3Cited by3 opinions
- Blossom v. . BarrettNew York Court of Appeals · 1868
- Donelly v. CurranCalifornia Supreme Court · 1880
- Furbush v. GoodwinSuperior Court of New Hampshire · 1852