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Home > History and Archaeology > History > Illustrative Cases on the Law of Bills and Notes
Illustrative Cases on the Law of Bills and Notes

Illustrative Cases on the Law of Bills and Notes


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This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1914. Not illustrated. Excerpt: ... DEFENSES I. Real Defenses* CLARK v. PEASE et aL (Supreme Judicial Court of New Hampshire, 1860. 41 N. H. 414.) This is an action of assumpsit, counting upon the promissory note of the three defendants, dated July 26, 1858, for $112.50, payable to one Theodore P. Clark, or order, on the 1st day of the following November, and by the payee indorsed and delivered, on the day of its date, to the plaintiff. There was also a count for money had and received, to the amount of $300. Plea, the general issue. The defendants offered to prove that, on the day before the giving of the note, all of the makers except Charles Pease were arrested at Ellsworth, in Grafton county, by Calvin Clark, a deputy sheriff, by the procurement and with the aid of the payee, and held by them in custody until the next day, when they were carried by them to Plymouth, and there held in custody until, to effect their liberation, this note was given, the said Charles Pease signing as the surety of the others; that the arrest was made without any warrant or other lawful authority, but it was represented by the sheriff that they were arrested for the criminal offense of malicious mischief, and that he had the right to arrest them without a warrant; that this note, with two others, amounting in all to $250, was given to said Theodore P. Clark to obtain the release from duress of the three principals in the note, and upon the promise by the payee that they should then be set at liberty, and he would prosecute them no further; and upon the execution of the note they were set at liberty accordingly. The plaintiff excepted to this evidence, as no defense against the indorsee, without proof that he was not the bona fide holder of the note. But the court ruled that, if the note was obtained by dur...


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Product Details
  • ISBN-13: 9781459087729
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 122
  • Spine Width: 7 mm
  • Width: 189 mm
  • ISBN-10: 1459087720
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 231 gr

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