Matthews v. Crosby
Supreme Court of New Hampshire
From Merrimack Circuit Court.- Assumpsit upon the common money counts. This action was sent to a referee, who reported his conclusions of fact and law as follows: “Against the defendant’s objection, the plaintiff was allowed to put in evidence two writings, both alike, upon each of which he claimed to recover $40, with interest from its date.
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From Merrimack Circuit Court.- Assumpsit upon the common money counts. This action was sent to a referee, who reported his conclusions of fact and law as follows: “Against the defendant’s objection, the plaintiff was allowed to put in evidence two writings, both alike, upon each of which he claimed to recover $40, with interest from its date. These writings were as follows : ‘Groton, New Hampshire, November 21st, 1871. ‘ One year after date, for value received, I, the subscriber, of Groton, county of Grafton, state of New Hampshire, promise to pay Jacob B. Rand, or bearer, forty dollars,…
1Opinion of the Court
FROM MERRIMACK CIRCUIT COURT. The notes offered in evidence were payable at a time fixed, namely, one year after date, on no contingency or condition, but absolutely; for a sum certain, out of no special fund, but by the maker generally; and to the payee or bearer. These qualities answer the test of the negotiability of a promissory note. Harriman v. Sanborn, 43 N.H. 128; Cota v. Buck, 7 Met. 588; Chitty on the Bills 132. The body of the notes contains the word "profits." But this word does not express any contingency upon which the payment of the notes depends, nor refer to any particular…
2Cases cited7 opinions
- Taylor v. CurryMassachusetts Supreme Judicial Court · 1871
- Bank of Commerce v. Barrett, Carter & Co.Supreme Court of Georgia · 1868
- Doherty v. PerryIndiana Supreme Court · 1871
- Webster v. AtkinsonSuperior Court of New Hampshire · 1827
- Poor v. PoorSuperior Court of New Hampshire · 1836
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3Cited by1 opinion
- Town of Swanzey v. City of KeeneSupreme Court of New Hampshire · 1975