Whittier v. Wendell
Superior Court of New Hampshire
Assumpsit upon a promissory note. The defendants filed the general issue, and a brief statement, setting forth that at the court of common pleas, holden in and for the county of York, and State of Maine, February term, 1829, the plaintiff recovered judgment against them, in an action of assumpsit, upon the same note: and on the trial in the common pleas here, they offered in defence a copy of such judgment, rendered upon default, founded upon a promissory note, which it was…
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Assumpsit upon a promissory note. The defendants filed the general issue, and a brief statement, setting forth that at the court of common pleas, holden in and for the county of York, and State of Maine, February term, 1829, the plaintiff recovered judgment against them, in an action of assumpsit, upon the same note: and on the trial in the common pleas here, they offered in defence a copy of such judgment, rendered upon default, founded upon a promissory note, which it was conceded was the same note upon which this action was commenced. It appeared that the original writ, issued in Maine,…
1Opinion of the CourtParker, J.
If the defendants had appeared and answered to the action in Maine, perhaps the judgment in that State might be a good bar to the further maintenance of this suit, notwithstanding this action was commenced before the writ was issued in Maine. 9 Johns. Rep. 221, Botone vs. *258Joy; 5 N. H. Rep. 325, Weeks vs. Pearson; 11 Mass. 265, Stevens vs. Gaylord.
But it does not appear frbm the copy of the judgment that either of the defendants appeared in the action, nor is there any evidence that any service was made on them, or either of them, in that suit.
It is suggested, that property supposed to belong…
2Cases cited4 opinions
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Starbuck v. MurrayNew York Supreme Court · 1830
- Shumway v. StillmanNew York Supreme Court · 1831
- Thurber v. BlackbourneSuperior Court of New Hampshire · 1818
3Cited by3 opinions
- Goodall v. MarshallSuperior Court of New Hampshire · 1843
- Rangely v. WebsterSuperior Court of New Hampshire · 1840
- State v. RichmondSuperior Court of New Hampshire · 1853