Plumer v. French
Superior Court of New Hampshire
This was an action of assumpsit on a promissory noted ated April 12th, 1847, for $100, payable to plaintiff, or order, on demand, with interest, signed by the defendant.
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This was an action of assumpsit on a promissory noted ated April 12th, 1847, for $100, payable to plaintiff, or order, on demand, with interest, signed by the defendant. On the note was an indorsement of the sum of fifty dollars, dated July 25, 1848. With the general issue the defendant gave notice of a set-off for money paid, &c., of $180. At the trial, it was contended by the defendant, that he had made a payment to one Eaton, of $100, on account of the plaintiff, and by her request, soon after the date of the note in suit, which fully satisfied the note, that being, at the time, the only…
1Opinion of the CourtWoods, J.
The defendant, at the trial of this cause, rested his defence upon the ground, that, in fact, at the time of the payment of the $100 to Eaton, there was but one note due to the plaintiff, and that that note was for the sum of $100, and was in fact the note now in suit in this action, and that the payment made to Eaton was made soon after the date of the note, and was in full satisfaction of the same. The position of the plaintiff was, that at the date of the payment to Eaton, there was, in fact, due to the plaintiff, the sum of $200, and that the *453note in suit was given for the balance of that…
2Cases cited3 opinions
- Sessions v. LittleSuperior Court of New Hampshire · 1838
- Gordon v. ShurtliffSuperior Court of New Hampshire · 1836
- Emerson v. HarmonSupreme Judicial Court of Maine · 1837