Woods v. Carlisle
Superior Court of New Hampshire
Assumpsit, upon a note, for $400, dated, August 29, 1825, made, by the defendants, payable to Thomas S. Tillotson, or order, on demand, with interest, and, by him, endorsed to the plaintiff. The defendants pleaded the general issue, and gave notice that they should offer, in evidence, by way of set-off, certain demands against said Tillotson.
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Assumpsit, upon a note, for $400, dated, August 29, 1825, made, by the defendants, payable to Thomas S. Tillotson, or order, on demand, with interest, and, by him, endorsed to the plaintiff. The defendants pleaded the general issue, and gave notice that they should offer, in evidence, by way of set-off, certain demands against said Tillotson. The cause was tried at November term, 1831, when the making of the note by the defendants, and the endorsement by the plaintiff, were admitted. It appeared that the note was transferred, by Tillotson, to the plaintiff, in the year 1829. The defendants…
1Opinion of the CourtRichardson, C. J.
It has not yet been settled in this state, when a note has been endorsed and actually negotiated after it has been discredited, whether a set-off of demands, in favor of the maker against the endorser, is admissable in a suit brought in the name of the endorsee. The statute provides for a set-off “ where there are mutual debts or demands between the plaintiff and defendant.” It has *28been settled that the statute means the real, and not merely the nominal, plaintiff. Thus, in the ease of Levi Eaton v. Benjamin Brown, Rockingham, November Term, 1814, it veas decided, where a note, which had been…
2Cases cited3 opinions
- Sherman v. CrosbyNew York Supreme Court · 1814
- Walker v. LeightonMassachusetts Supreme Judicial Court · 1814
- Hendricks v. JudahNew York Supreme Court · 1806
3Cited by3 opinions
- Chandler v. DrewSuperior Court of New Hampshire · 1834
- Hutchins v. RiddleSuperior Court of New Hampshire · 1841
- McQuesten v. BowmanSuperior Court of New Hampshire · 1845