Goodman v. Eastman
Superior Court of New Hampshire
Assumpsit upon a note signed by the defendants for $120, dated January 30, 1824, and payable to J. Bell, in one year. : The cause was tried hereupon the general issue, at November term, 1826. Harford had been defaulted, and it was admitted that the suit was prosecuted for the benefit of the payee named in the note.
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Assumpsit upon a note signed by the defendants for $120, dated January 30, 1824, and payable to J. Bell, in one year. : The cause was tried hereupon the general issue, at November term, 1826. Harford had been defaulted, and it was admitted that the suit was prosecuted for the benefit of the payee named in the note. Eastman admitted that he put his name upon the instrument; but he introduced evidence to prove, that he put his name to it only as a surety ; that when he signed It, the note was only $20 ; that Harford afterwards, without his knowledge or consent, altered it to $120, by inserting…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
In this case, the defendant put his name to a note for twenty dollars, as a surety for Har-ford. Before the note was delivered to the payee, Har-ford, without the consent of the defendant, altered it to a note for one hundred and twenty dollars, and then passed it to the payee. This alteration of the note was clearly a forgery. It was a fraudulent application of a real signature to a false instrument. On what ground, then, can this defendant be holden liable upon this note ?
There is a rule of law, that where one of two innocent parties…
2Cases cited4 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Thurston v. M'KownMassachusetts Supreme Judicial Court · 1810
- Storer v. LoganMassachusetts Supreme Judicial Court · 1812
- Bank of America v. WoodworthNew York Supreme Court · 1820
3Cited by3 opinions
- Bank v. . BankSupreme Court of North Carolina · 1922
- Haines v. DennettSuperior Court of New Hampshire · 1840
- Evans v. GaleSuperior Court of New Hampshire · 1850