Farnsworth v. Sweet
Superior Court of New Hampshire
Assumpsit upon a promissory note, made by the defendant, dated April 27, 1812, for $49,37, payable to the plaintiff, or order, on demand, with interest. The cause was tried here upon the general issue, at October term, 1829, when the note described in the declaration was produced.
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Assumpsit upon a promissory note, made by the defendant, dated April 27, 1812, for $49,37, payable to the plaintiff, or order, on demand, with interest. The cause was tried here upon the general issue, at October term, 1829, when the note described in the declaration was produced. It appeared in evidence, that one Dexter Sweet, having received a note belonging to the plaintiff against the defendant to collect, lost the same ; and having procured of the defendant this note, offered it to the plaintiff, who refused to receive it, and brought a suit against the said Sweet for the lost note, and…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
The question is, whether, under the circumstances stated in the case, this suit can be maintained for the benefit of Dexter Sweet ?
It is not an uncommon thing to take a note or obligation in the name of one person, for the use of another, and in such cases courts of law recognize the interest of the real creditor. 1 D. & E. 619, Winch. v. Keely; 4 D. & E. 341.
It is no answer to an action, that the nominal plaintiff has no interest in the suit. 7 Cowen, 174, Mauran v. Lamb; 11 Johns. 488, Raymond v. Johnson; 9 Mass. Rep. 133, Allen v.…
2Cases cited5 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Littlefield v. StoreyNew York Supreme Court · 1808
- Boylston v. GreeneMassachusetts Supreme Judicial Court · 1812
- Raymond v. JohnsonNew York Supreme Court · 1814
- President of the Mechanics' Bank v. HazardNew York Supreme Court · 1816