Lang v. Gage
Supreme Court of New Hampshire
Assumpsit, on the promissory note of C. and J. C. Gage and the defendant for $2,000, dated December 25, 1874, and payable to the plaintiff on demand. Writ dated September 14, 1888. Plea, the statute of limitations; replication, a new promise. On the note are the following endorsements : Oct. 12, 1875, one-year’s interest; Jan. 3, 1877, one year’s interest; Dec. 21, 1877,, one year’s interest; Dec. 23, 1878, one year’s interest.
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Assumpsit, on the promissory note of C. and J. C. Gage and the defendant for $2,000, dated December 25, 1874, and payable to the plaintiff on demand. Writ dated September 14, 1888. Plea, the statute of limitations; replication, a new promise. On the note are the following endorsements : Oct. 12, 1875, one-year’s interest; Jan. 3, 1877, one year’s interest; Dec. 21, 1877,, one year’s interest; Dec. 23, 1878, one year’s interest. “Oct. 5, 1881, received of Penacook Savings Bank $150. Jan. 20, 1882,, received of Penacook Savings Bank $150. Jan. 9, 1883, received on the within note $100. Nov. 28,…
1Opinion of the CourtClark, J.
An' unqualified, voluntary payment of money is a recognition of an existing liability by the party making it, and the ground upon which a payment by the debtor furnishes evidence of a new promise is, that it shows an acknowledgment of an existing unpaid debt which he is liable and willing to pay. The mere payment of money is not such an acknowledgment. Part payment alone is merely an acknowledgment of indebtedness pro tanto. The effect of a payment may be qualified and limited as a new promise may be. Dodge v. Leavitt, 59 N. H. 245. The efficiency of a payment to avert the effect of the…
2Cases cited2 opinions
- United States v. WilderSupreme Court of the United States · 1872
- Blair v. LynchNew York Court of Appeals · 1887
3Cited by5 opinions
- Clark v. DiefendorfSupreme Court of Connecticut · 1929
- Union Stockyards National Bank of South Omaha v. MaikaWyoming Supreme Court · 1907
- Conway Savings Bank v. DowSupreme Court of New Hampshire · 1897
- Smith v. SmithWyoming Supreme Court · 1928
- Reed v. HarrisSupreme Judicial Court of Maine · 1942