Sanborn v. French
Superior Court of New Hampshire
Assumpsit, on a promissory note for fifty dollars, dated March 30, 1847, payable to Sarah Sanborn or order, in one year from date, with interest annually, signed by the defendant. The declaration also contained a count for money had and received.
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Assumpsit, on a promissory note for fifty dollars, dated March 30, 1847, payable to Sarah Sanborn or order, in one year from date, with interest annually, signed by the defendant. The declaration also contained a count for money had and received. It was agreed by the parties that, at the date of the note, the plaintiff was the husband of Sarah Sanborn the payee ; that the consideration of the note was the execution, on the same day, of a quitclaim deed of a certain piece of land, by Sarah Sanborn, at the request of the defendant, to one Mrs. Rogers; that the plaintiff did not join in the…
1Opinion of the CourtPerley, J.
The plaintiff undertook, as administrator of his wife’s estate, to indorse the note before it fell due. But he had no letters of administration until the third Tuesday of May, and the note fell due on, the second day of April. An administrator derives his authority from the grant of administration ; and this indorsement, being made before the plaintiff* had letters of administration, was inoperative, and gave Hill no title to the note. Consequently the note would be liable in his hands to any defence that could be made against the payee. Indeed the case does not show that the note was ever…
2Cases cited5 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Clark v. SigourneySupreme Court of Connecticut · 1846
- Ladd v. KinneySuperior Court of New Hampshire · 1821
- Edgerton v. BrackettSuperior Court of New Hampshire · 1840
- Perkins v. BumfordSuperior Court of New Hampshire · 1826