Edgerton v. Brackett
Superior Court of New Hampshire
Assumpsit. The declaration contained two counts upon promissory notes payable to J. Stevens, Jr., and indorsed, and a third count for money had and received. The defendant was defaulted.
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Assumpsit. The declaration contained two counts upon promissory notes payable to J. Stevens, Jr., and indorsed, and a third count for money had and received. The defendant was defaulted. S. C. Badger, Esq., who made the writ and entered the action, claimed to recover, under the third count, the contents of a promissory note executed by the defendant as surety of I. S. Boyd, payable to Badger, or order, and indorsed to the plaintiff, amounting to ¡$ 101'28 ; and the defendant, by a written agreement, assented to a judgment including the demand. The property of the defendant was attached on the…
1Opinion of the CourtParker, C. J.
It is settled that a promissory note, made by the defendant to a third person, or order, and indorsed to the plaintiff, may be given in evidence under a count for money had and received. 5 N. H. Rep. 557, Tenney vs. Sanborn. There are undoubtedly objections to this rule, as such a mode of declaring gives the defendant no accurate information upon what the suit is in fact brought ; but the rule is too well settled, here and elsewhere, to be set aside without legislation, or some rule which shall affect only cases which occur afterwards.
Had the plaintiff been the actual owner of the note in…
2Cases cited1 opinion
- Tenney v. SanbornSuperior Court of New Hampshire · 1832
3Cited by2 opinions
- Martin v. FarnumSuperior Court of New Hampshire · 1851
- Sanborn v. FrenchSuperior Court of New Hampshire · 1850