Haines v. Dennett
Superior Court of New Hampshire
Assumpsit, on a promissory note, made by one Emery as principal, and the defendant as surety, payable to one Hawes, or order, and by him indorsed to the plaintiff. The defendant, haying released Emery, the principal, offered in evidence the deposition of Emery, to prove that the words, “or order,” had been inserted in the note after its execution, and without his knowledge, by Emery, at the recptest of the payee.
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Assumpsit, on a promissory note, made by one Emery as principal, and the defendant as surety, payable to one Hawes, or order, and by him indorsed to the plaintiff. The defendant, haying released Emery, the principal, offered in evidence the deposition of Emery, to prove that the words, “or order,” had been inserted in the note after its execution, and without his knowledge, by Emery, at the recptest of the payee. The plaintiff objected to the admission of the evidence, on the ground that Emery, though released, was not a competent witness to invalidate his own note in the hands of a bona fide…
1Opinion of the CourtGilchrist, J.
The question in this case is, whether the maker of a promissory note, being released by the surety, is a competent witness, in a suit by a bona fide indorsee against the surety, to prove that the maker, without the knowledge of the surety, at the request of the payee, had altered the note.
The alteration was a material one. Kershaw vs. Cox, 3 Esp. 246; Knill vs. Williams, 10 East 431, in which last case it is said by Le Blanc, J., that the insertion in a bill of exchange, of words to make it negotiable, is a very material alteration.
And a material alteration, unauthorized by the maker, avoids…
2Cases cited15 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Powell v. WatersNew York Supreme Court · 1819
- Smith v. LewisNew York Supreme Court · 1808
- Bank of the Metropolis v. JonesSupreme Court of the United States · 1834
- Woodhull v. HolmesNew York Supreme Court · 1813
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3Cited by2 opinions
- Morse v. GreenSuperior Court of New Hampshire · 1842
- Stevenson v. ChapmanSuperior Court of New Hampshire · 1842