Hoitt v. Holcomb
Superior Court of New Hampshire
Debt, upon a bond, against ten defendants, who plead severally the same plea, to each of which the same replications are filed. The defendants each join issue to the first replications,, and to the other replications demurrers are joined.
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Debt, upon a bond, against ten defendants, who plead severally the same plea, to each of which the same replications are filed. The defendants each join issue to the first replications,, and to the other replications demurrers are joined. Holcomb’s plea is a3 follows; “ And the said Enoch Holcomb comes and defends, &c., when, &c., and craves oyer of said supposed writing obligatory in said declaration mentioned, and it is read to him in the words following: “ Know all men by these presents that we Enoch Holcomb, of &c., a3 principal, and Benjamin Hanson, &c., as sureties, are holden and stand…
1Opinion of the CourtBell, J.
The second replication follows the form given in 2 Ch. Pl., 603, (Day’s Ed.,) and 3 Ch. Pl., 563, (Phil. Ed.,) otherwise cited as 3 Ch. Pl., 1158 and 1238, which are referred to, 2 Saund. Pl. & Ev., 758, and given in Arch. N. P., 318, and see 2 Ch. Pl., 464.
In 1 Ch. Pl., 553, the law is stated tobe, that “to a plea of *549release, he (the plaintiff) may reply, that it was obtained by duress or fraud.” Went. Ind., 12, and it is in general unnecessary to state the particulars of the fraud. TresharrHs case, 9 Co., 110.
Tresham’s case was an action against an administratrix, in which she pleaded…
2Cases cited9 opinions
- Vrooman v. PhelpsNew York Supreme Court · 1807
- Union Bank v. RidgelyCourt of Appeals of Maryland · 1827
- Van Valkenburgh v. RoukNew York Supreme Court · 1815
- Dorr v. MunsellNew York Supreme Court · 1816
- Huston v. WilliamsIndiana Supreme Court · 1833
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- Spead v. TomlinsonSupreme Court of New Hampshire · 1904