Pemigewasset Bank v. Brackett
Superior Court of New Hampshire
Assumpsit upon a promissory note.. The cause was tried here at November term, 1828, upon the general issue, when it was admitted, that the defendant made the note. It was then shown in evidence, on his part, that a suit was commenced by the plaintiffs against one James Batchelder, on the said note, the same ha\mg been made by said Batchelder as principal, and by the defendant and.
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Assumpsit upon a promissory note.. The cause was tried here at November term, 1828, upon the general issue, when it was admitted, that the defendant made the note. It was then shown in evidence, on his part, that a suit was commenced by the plaintiffs against one James Batchelder, on the said note, the same ha\mg been made by said Batchelder as principal, and by the defendant and. S. A. Pearson, as sureties, and that judgment was rendered, in the said suit in favour of the plaintiffs in the court of common pleas for this county, in February, 1827, for $180,51, being the amount then due upon…
1Opinion of the CourtRichardson, C. J.
The question is, whether, upon the pleadings in this case, the matter offered in evidence by the defendant is a legal answer to the action ?
The manner, in which a defendant is to avail himself of any matter of defence, which he may have, depends in some measure upon the time, when such matter of defence arises ; whether before or after the commencement of the suit ; and there are different forms of pleading founded upon this circumstance. The law makes this distinction on account of the costs of the suit. It would be unjust, that a plaintiff who had rightfully commenced a suit for a just…
2Cases cited5 opinions
- Austin v. HallNew York Supreme Court · 1816
- Baylies v. FettyplaceMassachusetts Supreme Judicial Court · 1811
- Tillotson v. PrestonNew York Supreme Court · 1808
- Poor v. RobinsonMassachusetts Supreme Judicial Court · 1813
- Kimball v. WilsonSuperior Court of New Hampshire · 1824
3Cited by3 opinions
- State v. U. S. & Canada Express Co.Supreme Court of New Hampshire · 1880
- Parks v. IngramSuperior Court of New Hampshire · 1851
- Toppan v. JennessSuperior Court of New Hampshire · 1850