Carter v. Burley
Superior Court of New Hampshire
Assumpsit against the defendant, as indorser of a promissory note, made by Carr and Lunt, of Philadelphia, on the first of February, 1837, for the sum of §892.04, in eight months, payable to the defendant, or order, and by him indorsed to the plaintiff; alleging a presentment at Philadelphia, October 4, 1837, and notice of non-payment to the defendant. There were also counts for money had and received, and for money paid.
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Assumpsit against the defendant, as indorser of a promissory note, made by Carr and Lunt, of Philadelphia, on the first of February, 1837, for the sum of §892.04, in eight months, payable to the defendant, or order, and by him indorsed to the plaintiff; alleging a presentment at Philadelphia, October 4, 1837, and notice of non-payment to the defendant. There were also counts for money had and received, and for money paid. Upon the trial it appeared that the note in question was indorsed by the defendant to the plaintiff, and had also upon it the endorsement of the plaintiff, and of John…
1Opinion of the CourtParker, C. J.
The original instrument, which has occasioned the existence of this action, is a promissory note. *564made by Carr & Lunt, of Philadelphia, and payable to Gordon Burley. But the suit itself is founded upon an indorsement of this note, afterwards made by Burley, to the plaintiff. This indorsement authorized the plaintiff to demand the money, mentioned in the note, of Carr &o Lunt, at the time when it became payable, and, upon non-payment by them, to resort to the defendant for the amount, upon giving him due notice of the dishonor. The indorsement, therefore, thus made upon the note, is an…
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