Shepherd v. Temple
Superior Court of New Hampshire
Assumpsit upon a promissory note, made by the defendant, dated 2 January 1824, for $176,25 payable to the plaintiff in June then next with interest. The cause was tried here, at May term 182:5, upon the general issue. The defendant admitted, that he made the note ; but showed in evidence, that it was given for timber sold to the defendant by the plaintiff.
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Assumpsit upon a promissory note, made by the defendant, dated 2 January 1824, for $176,25 payable to the plaintiff in June then next with interest. The cause was tried here, at May term 182:5, upon the general issue. The defendant admitted, that he made the note ; but showed in evidence, that it was given for timber sold to the defendant by the plaintiff. It appeared, that the timber was the remainder of a large quantify of about fifteen hundred thousand feet, which had been put into the river two or three years before ; that in 1822, the best of it had been selected by James Read, the…
1Opinion of the CourtRichardson, C. J.
delivered the op ini on,of the court.
It has been contended, that it was incompetent to the defendant to show, that it was agreed at the time the note was made, that a deduction should be made, in case the timber should turn out to be less valuable, than it had been represented to be.
In order to settle this question, it is necessary to ascertain accurately the nature of the controversy between the parties upon the trial. It was conceded, that the defendant made the note, and it was not seriously denied, that the note was given for the price of a quantity of timber sold by the plaintiff to the…
2Cases cited3 opinions
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Davis v. MeekerNew York Supreme Court · 1810
- Jones v. ScrivenNew York Supreme Court · 1811
3Cited by4 opinions
- Evans v. GaleSuperior Court of New Hampshire · 1846
- Evans v. GaleSuperior Court of New Hampshire · 1845
- Stevens v. McIntireSupreme Judicial Court of Maine · 1836
- Tillotson v. GrapesSuperior Court of New Hampshire · 1828