Caldwell v. Porter
Superior Court of New Hampshire
Assumpsit against the defendant, as indorser of a promissory note, dated April 25, 1842, made payable by one Charles H. Brown to the defendant, or order, for $132.90, on demand, with interest annually. The evidence tended to ‘ show that the defendant sold and transferred the note in question to one Samuel F. Ellenwood, by an indorsement on the back of the note, thus : “ June 27,1843. George Porter.”
Read the full summary
Assumpsit against the defendant, as indorser of a promissory note, dated April 25, 1842, made payable by one Charles H. Brown to the defendant, or order, for $132.90, on demand, with interest annually. The evidence tended to ‘ show that the defendant sold and transferred the note in question to one Samuel F. Ellenwood, by an indorsement on the back of the note, thus : “ June 27,1843. George Porter.” Ellenwood testified that he declined to take it unless Porter would indorse it, and that Porter promised, that, if he would take it, he would pay it, if the signer did not pay it in three months.…
1Opinion of the Court
"Woods, J.
The defendant indorsed and delivered to Ellenwood the note in controversy, in a form not in any respect unusual, or without the common course of such transactions, unless the prefixing to his signature a minute of the date of the indorsement may be so regarded. The effect of this indorsement is perfectly settled in law. The words which the holder of the note has a right to prefix to it, are such as to express a contract familiarly known in business. An indorsement of a negotiable instrument, is, in effect, a written contract, and is within the rule which precludes the admission of…
2Cases cited3 opinions
- McGruder v. Bank of WashingtonSupreme Court of the United States · 1824
- Ladd v. KinneySuperior Court of New Hampshire · 1821
- Dennie v. WalkerSuperior Court of New Hampshire · 1834
3Cited by1 opinion
- LeDoux v. JP Morgan Chase N.A., et al.District Court, D. New Hampshire · 2012