Martin v. Fales
Superior Court of New Hampshire
Assumpsit, for money had and received by the defendants to the plaintiff’s use. To sustain the action the plaintiff offered in evidence a promissory note, as follows: “ Lyme, October 4,1848. “ For value received of James Heaton, we jointly and severally promise to pay him, or bearer, seventy dollars, payable in one year from date, and interest. “ Signed, Orrin Pales, George. Pales.” On the back of the note is the following: “James Heaton, surety.”
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Assumpsit, for money had and received by the defendants to the plaintiff’s use. To sustain the action the plaintiff offered in evidence a promissory note, as follows: “ Lyme, October 4,1848. “ For value received of James Heaton, we jointly and severally promise to pay him, or bearer, seventy dollars, payable in one year from date, and interest. “ Signed, Orrin Pales, George. Pales.” On the back of the note is the following: “James Heaton, surety.” The plaintiff offered to prove that at the time Heaton put his name on the back of the note, as aforesaid, and passed the same to the plaintiff,…
1Opinion of the CourtPerley, J.
The note upon which this action is founded was *245made payable to James Heaton, one of tbe defendants, or bearer; was joint and several, and signed by the other defendants, Orrin and George Fales. It was delivered to Heaton upon a consideration which passed from him, and was a complete security in his hands, upon which the makers owed him seventy dollars, payable in one year. It was a contract with him upon which, after the time limited for payment, he could have maintained an action against the makers, if he had retained the note ; and if he had assigned it by delivery or indorsement, the…
2Cases cited2 opinions
- Beckwith v. AngellSupreme Court of Connecticut · 1823
- New-Hampshire Savings Bank v. ColcordSuperior Court of New Hampshire · 1844