Jenness v. Bean
Superior Court of New Hampshire
Assumpsit, upon a promissory note of the defendant, dated July 10, 1827, for $30-00, on demand and interest, payable to Moore & Sargent, or order, and indorsed to the plaintiff. The defendant filed the general issue, and gave notice that he should offer claims against Moore & Sargent, in set-off.
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Assumpsit, upon a promissory note of the defendant, dated July 10, 1827, for $30-00, on demand and interest, payable to Moore & Sargent, or order, and indorsed to the plaintiff. The defendant filed the general issue, and gave notice that he should offer claims against Moore & Sargent, in set-off. It appeared in evidence that on the 22d of October, 1827, Moore & Sargent procured one Henry T. Eaton to sign a note for them, as surety, and at that time they put into the hands of Eaton sundry notes, as collateral security, and among them the note in suit, indorsed in blank. Eaton was afterwards…
1Opinion of the CourtParker, C. J.
If the property of the note, upon which this action is founded, had been transferred absolutely and bona fide to Eaton, when it was indorsed to him, no demand in favor of the maker against the payees could have been filed in set off, notwithstanding the note might have been considered as a discredited note, from the time which had elapsed subsequent to its date. 6 N. H. Rep. 469, Chandler vs. Drew. The defendant having by his contract made the legal title assignable, and promised to pay any one to whom the note should be duly transferred and indorsed, could not, after such a transfer, be…
2Cases cited1 opinion
- Chandler v. DrewSuperior Court of New Hampshire · 1834
3Cited by3 opinions
- Williams v. LittleSuperior Court of New Hampshire · 1840
- Bank of Woodstock v. KentSuperior Court of New Hampshire · 1844
- Clement v. LeverettSuperior Court of New Hampshire · 1841