Phelps v. Mahurin
Superior Court of New Hampshire
This was assumpsit upon a note, dated, August 19th, 1834, for 855,00, made by flic defendant, and drawn payable to the plaintiff, or Isis order, on demand, and interest. Upon the trial, at May term, 1833, the making of the note was admitted. The defence was payment, and the defendant gave in evidence the deposition of Francis-Wilson, which is made a part of this case.
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This was assumpsit upon a note, dated, August 19th, 1834, for 855,00, made by flic defendant, and drawn payable to the plaintiff, or Isis order, on demand, and interest. Upon the trial, at May term, 1833, the making of the note was admitted. The defence was payment, and the defendant gave in evidence the deposition of Francis-Wilson, which is made a part of this case. The said Wilson testified that he was present, at the dwelling house of the plaintiff, at Guildhall, in VeFmont, on the 23d of January, 1830, at a conversation between the plaintiff and Ephraim II. Mahurin. The said Mahu-rin…
1Opinion of the CourtUpham, J.
It appears from the testimony of Wilson, which is made a part of this case, that, sometime subsequently to the comencement of this action, the plaintiff admitted u he had no claim, or interest in the note now in suit, and had no knowledge that a suit had been commenced upon the note.” This is sufficient to show that the plaintiff has no present interest in this claim, and the defence set up must be considered to prevail against him, so that judgment cannot be rendered for Isis benefit.
* But it has been contended that there is sufficient evidence before the court to show an assignment of the…
2Cases cited1 opinion
- Sumner v. StewardSuperior Court of New Hampshire · 1819
3Cited by2 opinions
- Berry v. GillisSuperior Court of New Hampshire · 1845
- Southwick v. ElySuperior Court of New Hampshire · 1844