Gerrish v. Glines
Supreme Court of New Hampshire
From Merrimack Circuit Court. Assumpsit, to recover the amount of two promissory notes, each dated July 15,1872, and payable to O. J. Stickles & Co., or bearer, one for $66.74, six months from date with use, and the other for $250, one year from date with use, and each signed by the defendant.
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From Merrimack Circuit Court. Assumpsit, to recover the amount of two promissory notes, each dated July 15,1872, and payable to O. J. Stickles & Co., or bearer, one for $66.74, six months from date with use, and the other for $250, one year from date with use, and each signed by the defendant. The action was sent to a referee by order of court, who at this term makes report that he finds due from the defendant to the plaintiff the amount confessed, and no more; and he reports his conclusions of fact and law as follows: “The plaintiff’s writ is dated March 11, 1874, with general count, and the…
1Concurrence
The note for $250, when issued by the defendant, was qualified by a condition annexed to it, and referring to it in such mode as to show that it was intended to remain attached to it so long as it was in force, and probably until it was detached by consent of the defendant. The payment of the note was then dependent upon a contingency, and therefore the note was not negotiable. Fletcher v. Blodgett, 16 Vt. 26; Fletcher v. Thompson, 55 N.H. 308, and cases there cited.
Independently, therefore, of the effect produced upon the note by a material alteration, it is enough for this case that the…
2Cases cited5 opinions
- Benedict v. . CowdenNew York Court of Appeals · 1872
- Gibbs v. LinaburyMichigan Supreme Court · 1871
- Fletcher v. BlodgettSupreme Court of Vermont · 1844
- Johnson v. HeaganSupreme Judicial Court of Maine · 1843
- Fletcher v. ThompsonSupreme Court of New Hampshire · 1875