Legal Opinion

Tenney v. Sanborn

Superior Court of New Hampshire

Decided January 15, 1832PublishedCited by 2 opinions

Assumpsit for money had and received. The cause had been referred to an auditor, who reported that the plaintiff offered in evidence a note made by the defendant, for $42,03, payable to R. C. or order, and by R. C. endorsed to the plaintiff, and the question was, whether the note was evidence to maintain the count for money had and received ? relied upon the following cases. 4 Pick. 421, Wild v. Fisher; 15 Mass.

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Assumpsit for money had and received. The cause had been referred to an auditor, who reported that the plaintiff offered in evidence a note made by the defendant, for $42,03, payable to R. C. or order, and by R. C. endorsed to the plaintiff, and the question was, whether the note was evidence to maintain the count for money had and received ? relied upon the following cases. 4 Pick. 421, Wild v. Fisher; 15 Mass. Rep. 331. Board-man v. Gore; 12 Johns. 90, Pierce v. Crafts; 12 Mass-Rep. 112, State Bank v. Hurd.

1Opinion of the Court

By the court.

A negotiable note is prima facie evidence of money had and received by the maker, of the payee, and also of an agreement on the - part of the maker, to hold the money for the use of any one to whom the note-may be legally transferred. There is no doubt that the note was proper evidence to maintain the count. Rayley on Bills, 244 ; 1 Mason, 306, Weston v. Penniman.

2Cases cited1 opinion

  1. Weston v. PennimanU.S. Circuit Court for the District of Massachusetts · 1817

3Cited by2 opinions

  1. Edgerton v. BrackettSuperior Court of New Hampshire · 1840
  2. Martin v. FarnumSuperior Court of New Hampshire · 1851