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Smith v. Northrup

Supreme Court of Connecticut

Decided January 15, 1792

Supreme Court of Connecticut · decided 1792-01-15

Actioh on note, dated 24th of March, A. D. 1789, wherein the defendant promised to pay to the plaintiff £80 in soldiers’ notes, in one year from the date; and that on the 26th of March, A. P. 1790, the defendant wrote at the bottom of said note, this may certify, that I will pay the interest of the above note, as by said note, etc. Demurrer to the declaration; which was closed last court and continued to this, and now the defendant moved to alter his plea from a general to a…

Decided 1792-01-15

¶1Judgment — 'Declaration sufficient. Here is no duplicity; but if there was it cannot be taken advantage of under a general demurrer; the engagement wrote at the bottom of the note is no moi'e than the law implied without it. The soldiers’ notes which are promised being upon interest.

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