Manchester Bank v. Fellows
Superior Court of New Hampshire
Assumpsit, on a general count for goods sold, money lent and paid, money had and received, &c. The specification under this count was of a draft, dated at Boston, Massachusetts, August 20th, 1851, drawn by Montgomery & Co., on one Kimball, for $>1,200, payable to the order of the defendant in thirty days, and by him indorsed and transferred to the plaintiffs.
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Assumpsit, on a general count for goods sold, money lent and paid, money had and received, &c. The specification under this count was of a draft, dated at Boston, Massachusetts, August 20th, 1851, drawn by Montgomery & Co., on one Kimball, for $>1,200, payable to the order of the defendant in thirty days, and by him indorsed and transferred to the plaintiffs. Montgomery & Co. and Kimball resided in Boston, and the defendant in Manchester, in this State, where the plaintiffs also are located. The plaintiffs’ writ was dated September 22d, 1851. No evidence was offered to show at what particular…
1Opinion of the CourtEastman, J.
This suit was brought by the Manchester bank, as indorsees, against the defendant as indorser, of a draft for 1,200; and the questions raised by the case are, whether due and legal notice of the non-payment of the draft has been given to the defendant, so as to charge him as indorser, and whether the suit was not prematurely commenced.
Preliminary to these questions, however, which go to the merits of the action, another question is raised, which is, that no evidence was offered to show that the action was commenced by any authority from the officers of the bank, or that they have ever…
2Cases cited12 opinions
- Chirac v. Lessee of ChiracSupreme Court of the United States · 1817
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- President of the Bank of Alexandria v. SwannSupreme Court of the United States · 1835
- Osborn v. MoncureNew York Supreme Court · 1829
- Bussard v. LeveringSupreme Court of the United States · 1821
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3Cited by2 opinions
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
- Stevens v. FullerSupreme Court of New Hampshire · 1875