Heywood v. Wingate
Superior Court of New Hampshire
Assumpsit upon a promissory note, of which the following is a copy : “ Wakefield, August 25, 1835. For value received we jointly and severally promise to pay to Luther D. Sawyer, or order, at the Suffolk Bank, in Boston, two thousand dollars, in three years, with interest annually. |2000. Signed, John Wingate, Caleb Gilman, Alvah H. Sawyer, Isaac B. Chesley, Joshua G. Hall, Theodore Gilman, Richard Russell, Luther D. Sawyer, Henry L. Wiggin.
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Assumpsit upon a promissory note, of which the following is a copy : “ Wakefield, August 25, 1835. For value received we jointly and severally promise to pay to Luther D. Sawyer, or order, at the Suffolk Bank, in Boston, two thousand dollars, in three years, with interest annually. |2000. Signed, John Wingate, Caleb Gilman, Alvah H. Sawyer, Isaac B. Chesley, Joshua G. Hall, Theodore Gilman, Richard Russell, Luther D. Sawyer, Henry L. Wiggin. Said note was indorsed in blank by Luther D. Sawyer, who is the same person to whom the note is made payable. It was agreed by the parties that this case…
1Opinion of the CourtWoods, J.
This case comes here upon an agreed statement of facts, to which also is appended an agreement that such judgment shall be rendered by this court as the facts stated shall warrant.
In this state of the case, the defendants now at this term move the court to discharge the case, and to permit the defendants to file pleas in defence of the action, setting *75forth, as the ground of defence, discharges in bankruptcy, obtained since the case was agreed to by the parties. And a further motion is made for leave to file such pleas, even if the case should not be discharged.
It is not suggested that the…
2Cases cited3 opinions
- Morse v. CalleySuperior Court of New Hampshire · 1830
- Burley & Harris v. HarrisSuperior Court of New Hampshire · 1836
- Pray v. BurbankSuperior Court of New Hampshire · 1840