Moody v. Leavitt
Superior Court of New Hampshire
A. made a note payable to B., or order, at a future day, and under the note at agreement was written and signed by A, and B., that A should do certain acts by such future day, which acts being done, B. to relinquish all claims upon the note; and the paper containing the note and agreement was lodged in the hands of C., who, in case A. failed to do the acts by the time stipulated, was to deliver the note to B., and A. having failed to do the acts, C. separated the note from…
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A. made a note payable to B., or order, at a future day, and under the note at agreement was written and signed by A, and B., that A should do certain acts by such future day, which acts being done, B. to relinquish all claims upon the note; and the paper containing the note and agreement was lodged in the hands of C., who, in case A. failed to do the acts by the time stipulated, was to deliver the note to B., and A. having failed to do the acts, C. separated the note from the agreement, and delivered it to J5.» who transferred it by endorsement to D.; held that an action might be maintained…
1Opinion of the CourtGreen, J.
It is contended on the part of the defendant that the note in question was not for the payment of money absolutely, but payable on a contingency, and therefore not transferable by endorsement.
This objection would deserve serious consideration, had the note with the agreement, at the time of the contract, passed into the hands of Fogg ; it is by no means clear, that Fogg would, in that case, have been at liberty to separate the note from the agreement; but on this we give no opinion, the facts presenting a very different case. In this case the note and agreement were lodged in the hands of a…
2Cited by4 opinions
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