Olcott v. Little
Superior Court of New Hampshire
This is an action of assumpsit against the defendant, as surviving promiser of one William Siyfield. The first count sets forth a note, dated December 12th, 1828, for the sum of $219.20, alleged to have been “ made by the said Little and Siyfield,” and payable to the plaintiff, or order, on demand, with interest.
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This is an action of assumpsit against the defendant, as surviving promiser of one William Siyfield. The first count sets forth a note, dated December 12th, 1828, for the sum of $219.20, alleged to have been “ made by the said Little and Siyfield,” and payable to the plaintiff, or order, on demand, with interest. The second count is quantum meruit, for sawing 200 m feet of pine logs, at the plaintiff’s mills, in Lebanon, for said Little and Siyfield, in the lifetime of the said Siyfield, for which the plaintiff claims the sum of $300. The third count is for money had and received by said…
1Opinion of the CourtUpham, J.
The first count in the declaration alleges that the note described in the same was made by Little and Sly-field ; and it is contended that the note produced in evidence does not sustain that count.
All that is necessary, in a signature to a bill or note, is that it imports to bind, at all events, each person who signs it. Bayley on Bills 24; 8 Pick. 56, N. E. Marine Ins. *261Co. vs. DeWolf. In this case the signature clearly imports to bind both Slyfield and Little, and may be declared on as a note made by them, provided authority is shown to . « execute the note.
In Smith vs. Jarves, 2 Ld. Raym.…
2Cases cited2 opinions
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Tappan v. BruenMassachusetts Supreme Judicial Court · 1809
3Cited by5 opinions
- McKenna v. AustinCourt of Appeals for the D.C. Circuit · 1943
- Auclair v. BancroftSupreme Court of New Hampshire · 1981
- Merrill v. CoggillSuperior Court of New Hampshire · 1841
- Burt v. StevensSuperior Court of New Hampshire · 1850
- McKenna v. AustinCourt of Appeals for the D.C. Circuit · 1943