Citizens' National Bank v. Smith
Supreme Court of New Hampshire
This action was, at the September term, 1874, committed to a referee, who, at this term, reported the following facts : This is an action of assumpsit upon a promissory note, of which, the following is a copy: “Tilton, N. H., January 1st, 1872. Nine months after date, I promise to pay, to the order of R,. M. Grems, one hundred and forty dollars, at my residence in Tilton, N. II., value received and int. Due Oct. 4, ’72. LORENZO SMITH.”
Read the full summary
This action was, at the September term, 1874, committed to a referee, who, at this term, reported the following facts : This is an action of assumpsit upon a promissory note, of which, the following is a copy: “Tilton, N. H., January 1st, 1872. Nine months after date, I promise to pay, to the order of R,. M. Grems, one hundred and forty dollars, at my residence in Tilton, N. II., value received and int. Due Oct. 4, ’72. LORENZO SMITH.” On the back of said note is the following: “Without recourse. R. M. Grems.” “ Demand and notice waived. Leonard Gerrisli.” The plaintiffs purchased the note, a…
1Opinion of the Court
Promissory note — Signature obtained by means of fraudulent representations — Negligence. The question, whether one who has been induced by fraudulent representations, without negligence on his part, to sign a promissory note or bill of exchange, supposing it to be a contract of an entirely different character, is liable on the note or bill to one who has purchased it in good faith for value, before due, has been considered within a few years in quite a number of the states; and the decisions seem to have been nearly uniform that he is not. Several of the cases holding this doctrine are…
2Cases cited1 opinion
- Voorhies v. AtleeSupreme Court of Iowa · 1870
3Cited by3 opinions
- Bancredit, Inc. v. BetheaNew Jersey Superior Court Appellate Division · 1961
- Proctor v. BlanchardSupreme Court of New Hampshire · 1909
- Woodward v. BixbySupreme Court of New Hampshire · 1894