Norton v. Derry National Bank
Supreme Court of New Hampshire
Assumpsit, upon a written guaranty. The plaintiff conveyed to Mead, at the request of Lamprey, six lots of land with a house upon each, and Mead gave his six promissory notes payable to Lamprey or order, and executed to Lamprey six mortgages, one of each lot, and each to secure one note.
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Assumpsit, upon a written guaranty. The plaintiff conveyed to Mead, at the request of Lamprey, six lots of land with a house upon each, and Mead gave his six promissory notes payable to Lamprey or order, and executed to Lamprey six mortgages, one of each lot, and each to secure one note. At the same time Lamprey made a written contract with the plaintiff to deliver to him within a specified time certain quantities of brick, lime, cement, and lumber at prices amounting in the aggregate to the amount of Mead's notes. This contract was the consideration for the conveyance of the land, and was…
1Opinion of the CourtAllen, J.
The defendants’ cashier had no authority to make the guaranty, and there was nothing in the acts, conduct, or course of business of the defendants’ officers, by which he was held out as having authority to make it. The guaranty itself being false and a fraud upon both parties, the cashier undertook to cure one fraud by committing another, and recorded a false vote of authority to make the guaranty, and certified the false record to the plaintiff.
Had the forged record been a true one, had the directors voted as the record and certificate declared, or had they made the guar anty themselves, the…
2Cases cited9 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- National Bank v. WhitneySupreme Court of the United States · 1881
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
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3Cited by4 opinions
- Porter v. City of ManchesterSupreme Court of New Hampshire · 2007
- Saidel v. Union Assurance Society, Ltd.Supreme Court of New Hampshire · 1930
- Herbert v. SullivanCourt of Appeals for the First Circuit · 1941
- Abbott v. Wolfeborough Savings BankSupreme Court of New Hampshire · 1895