Amoskeag Bank v. Robinson
Supreme Court of New Hampshire
Assumpsit, on a note for $315, dated February 5, 1858, signed by C. W. Baldwin, payable to the order of the defendant in three months after date and indorsed: “"Waiving demand and notice, Samuel H. Edgerly. Waiving demand and notice, D. L. Robinson.” Plea, the general issue. By agreement of the parties the case was tried by the court.
Read the full summary
Assumpsit, on a note for $315, dated February 5, 1858, signed by C. W. Baldwin, payable to the order of the defendant in three months after date and indorsed: “"Waiving demand and notice, Samuel H. Edgerly. Waiving demand and notice, D. L. Robinson.” Plea, the general issue. By agreement of the parties the case was tried by the court. The note, being specially declared upon, was introduced in evidence by the plaintiff". The defendant was then called by his counsel and testified. The defendant’s evidence tended to show that he loaned Baldwin $300, and received therefor the note in suit,…
1Opinion of the CourtNesmith, J.
The relation established between the parties to this suit appears to he strictly that of indorsee and indorser, with the individual liabilities affixed by law to such relation. The defendant was original payee of the note, and before its maturity he negotiated it to the plaintiffs for value received. He indorsed the note, waiving demand and notice. The defendant then, having received his full consideration directly of the plaintiffs, was, of course, bound to restore it to them upon due demand, unless some new contract has intervened, which may operate to discharge him from his legal liability…
2Cases cited3 opinions
- Trimble v. ThorneNew York Supreme Court · 1819
- Cushing v. WymanSupreme Judicial Court of Maine · 1857
- Hogaboom v. HerrickSupreme Court of Vermont · 1832