Bailey v. Simonds

6 N.H. 159 | Superior Court of New Hampshire | 1833

By the court: *

The 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.

It 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.

Judgment on the verdict.

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