Hood v. . Froneberger and Quinn ( 1868 )


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  • Peaeson, C. J.

    “We promise to pay Jesse Hood two-hundred and sixty-nine dollars in silver coin or its equivalent in currency, for some notes on Aaron Quinn for the year 1864„ for value received, July 1st, 1866.

    D. Eroneberser & Co.

    A. QuiNN, Security.”

    We concur with his Honor in the opinion that this is a new contract, made 1st July, 1866, and does not fall within the exception set out in the 5th section of the Ordinance of the ■ Convention, ratified 14th March 1868. It is not a note made since 1st May, 1865, in renetual of or substitute for a contract, made prior to 1st May 1865. In 1866 Eroneberger & Co. purchased of Hood notes which he held on Quinn. The fact that Quinn signs the note as surety for Froneberger & Co.,, does not, per se, give to it the character of a note in renewal of the notes of Quinn.

    There is no error.

    Per Curiam. Judgment affirmed.

Document Info

Judges: Peaeson

Filed Date: 6/5/1868

Precedential Status: Precedential

Modified Date: 11/11/2024