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6 N.H. 159

Bailey v. Simonds

Superior Court of New Hampshire

Decided July 15, 1833

Superior Court of New Hampshire · decided 1833-07-15

Assumpsit. It was alleged, in the declaration, that the defendant, on 31st January, 1828, for value received, promised to pay the plaintiff', .887,50, in good leather, such as would suit the plaintiff, on demand, at Mr Slade’s tan-yard, in Walpole, with interest.

Cited by 2 later decisions — most recently December 1861

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1833-07-15

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By the court:*

¶1The contract is stated in the declaration, not in the words of the note, but according to their legal effect. The note is, without doubt, payable in such leather as would suit the plaintiff.

¶2It is settled that when a note is made payable in goods at a particular place, on demand, the maker is bound to have the goods always ready. 16 Mass. Rep. 453, Mason v. Briggs; 5 Cowen, 518.

¶3Judgment on the verdict.

¶4 Paekie. ,1, bavins boon of roimsel. did not fit.

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