Barry v. Morse
Superior Court of New Hampshire
Assumpsit, upon a note of hand for £56,78, dated November 10, 1821, made by Lewis R. Morse, and payable to the defendant or bearer in six months with interest, and by the defendant endorsed. The cause was tried here, at. November term, 1823, upon the general issue. No evidence was produced by the plaintiffs to shew, that, payment bad been duly demanded of the maker of the note, nor to shew, that due notice of the nonpayment of the note had been given to the defendant.
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Assumpsit, upon a note of hand for £56,78, dated November 10, 1821, made by Lewis R. Morse, and payable to the defendant or bearer in six months with interest, and by the defendant endorsed. The cause was tried here, at. November term, 1823, upon the general issue. No evidence was produced by the plaintiffs to shew, that, payment bad been duly demanded of the maker of the note, nor to shew, that due notice of the nonpayment of the note had been given to the defendant. But it appeared, that the note was endorsed by the defendant, and delivered to the plaintiffs in satisfaction of a debt,…
1Opinion of the CourtRichaiujso.v, C. J.
The question to be decided in this case is, whether, when a note of hand has been transferred by an endorsement in blank, tbe endorsee can be permitted, in an action against the endorser of the note, to shew, that it ivas agreed at the time the note was thus transferred, that the endorser should be liable al all events, without any demand of the note being made, of the maker, and without notice of its nou-pavnienl ?
When the payee of a note, by an endorsement in blank, transfers the note to another, he enters into a contract with the endorsee, most of the terms of which, after much litigation,…
2Cases cited3 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Thompson v. KetchamNew York Supreme Court · 1811
3Cited by2 opinions
- Pritchard v. BrownSuperior Court of New Hampshire · 1828
- Rogers v. HackettSuperior Court of New Hampshire · 1850