Conway Savings Bank v. Dow
Supreme Court of New Hampshire
Assumpsit, on a promissory note for $2,500, as follows : “Conway Savings Bank. “ For value received we jointly and severally promise to pay the Conway Savings Bank, or order, twenty-five hundred dollars on demand with interest after six months, giving said bank the right of collecting the whole or any part of this note at their own discretion, or of extending from time to-time, by reception of interest in advance or otherwise, the payment of the whole or any part thereof…
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Assumpsit, on a promissory note for $2,500, as follows : “Conway Savings Bank. “ For value received we jointly and severally promise to pay the Conway Savings Bank, or order, twenty-five hundred dollars on demand with interest after six months, giving said bank the right of collecting the whole or any part of this note at their own discretion, or of extending from time to-time, by reception of interest in advance or otherwise, the payment of the whole or any part thereof without affecting our liability to pay the same. “ Hiram H. Dow, “ Frank A. Mudgbtt, “ S. C. Hill. “ Conway, N. H., Nov.…
1Opinion of the CourtBlodgett, J.
The motion for a nonsuit, on the ground that the action was prematurely brought, was rightly denied.
The note was on demand (Grafton Bank v. Woodward, 5 N. H. 99, 104; Crosby v. Wyatt, 10 N. H. 318, 323; Shaw v. Shaw, 43 N. H. 170, 171); by its terms the plaintiffs were empowered to collect it in whole or in part at their discretion; and no binding agreement extending the time of its payment beyond the date of the writ is found or appears. Bailey v. Adams, 10 N. H. 162, 164; Fowler v. Brooks, 13 N. H. 240, 246, 247; Hoyt v. French, 24 N. H. 198, 203.
As against the sureties, the cause of action…
2Cases cited4 opinions
- Lang v. GageSupreme Court of New Hampshire · 1889
- Holt v. GageSupreme Court of New Hampshire · 1881
- Gage v. DudleySupreme Court of New Hampshire · 1886
- Rochester Savings Bank v. ChickSupreme Court of New Hampshire · 1887
3Cited by5 opinions
- Merrimack River Savings Bank v. HigginsSupreme Court of New Hampshire · 1937
- Burque v. BrodeurSupreme Court of New Hampshire · 1932
- Premier Capital, Inc. v. GallagherSupreme Court of New Hampshire · 1999
- Merchants National Bank v. WorsterSupreme Court of New Hampshire · 1910
- Samuel Cooling & Security Trust Co. v. SpringerSuperior Court of Delaware · 1943