BURNS MORTGAGE CO. v. HARDY


19 F.Supp. 827 (1937)

BURNS MORTGAGE CO., Inc., v. HARDY.

District Court, D. New Hampshire.

On Motion for Rehearing May 21, 1937.


Attorney(s) appearing for the Case

Alfred Chretien, of Manchester, N. H., for Burns Mortgage Co., Inc.

Robert Upton, of Concord, N. H., for Hardy.


MORRIS, District Judge.

This is an action at law brought by the plaintiff to recover from the defendant the amount due upon a certain promissory note given in the state of Florida, dated October 10, 1925, which note is alleged to be given under seal as appears from the copy thereof attached to plaintiff's writ.

On March 15, 1937, the defendant filed a demurrer alleging as grounds therefor,

(1) "The plaintiff's declaration does not set forth facts sufficient...

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