Carleton v. Brooks
Superior Court of New Hampshire
Assumpsit on a promissory note, dated on the 18th day of December, 1835, for the sum of $79.15, made by the defendant, and payable to the plaintiff, or order, on demand, with interest.
Read the full summary
Assumpsit on a promissory note, dated on the 18th day of December, 1835, for the sum of $79.15, made by the defendant, and payable to the plaintiff, or order, on demand, with interest. The action was commenced on the 22d day of May, 1839. The defendant filed in set-off a note, dated on the 5th day of February, 1831, made by one Flavcl Patterson, by which, for value received, he promised to pay the plaintiff seventy-five dollars, in good merchantable grain, in four years from date, delivered at the defendant’s store in Lunenburg, with interest after the 1st day of April, then next. On the back…
1Opinion of the CourtGilchrist, J.
By the contract in this case, Patterson promised the plaintiff to pay him, or his order, seventy-five dollars, with interest thereon, in good merchantable grain, to be delivered at a place specified. This is in substance a contract to deliver to the plaintiff, or to his order, a quantity of grain of the value of seventy-five dollars, with the interest thereon up to the time of the delivery. The indorsement by the plaintiff is an order to Patterson to deliver the grain to the defendant. Is the contract so far a promissory note, that the payee, by writing his name upon the back of it, becomes…
2Cases cited12 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- Smith v. SmithNew York Supreme Court · 1807
- Pierce v. CraftsNew York Supreme Court · 1815
- Thompson v. SloanNew York Supreme Court · 1840
7 more not listed; retrieve them via the Exa API.