Rice v. Porter
Superior Court of New Hampshire
Assumpsit, upon a promissory note signed by Porter for .$500, dated December 26, 1837, and made payable to one Charles B. Johnson, or order, on the 1st of September, 1839, with interest.
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Assumpsit, upon a promissory note signed by Porter for .$500, dated December 26, 1837, and made payable to one Charles B. Johnson, or order, on the 1st of September, 1839, with interest. The defendant pleaded the general issue, with a notice that he would offer as a set-off' the notes of Charles B. Johnson, dated the same 26th day of December, for §500, and payable to him, with interest, on the said 1st of September, 1839 ; and several other notes, signed by Johnson and payable to Porter, to the amount of $4,000. The signatures of Porter and of Charles B. Johnson and Joseph L. Locke,…
1Opinion of the CourtWoods, J.
The plaintiff is the holder of a negotiable promissory note, made by the defendant, payable to Johnson ; by Johnson indorsed to Pickering, from whom, through some intermediate holders, it has been transmitted to the plaintiff. No question was made at the trial that the note had been thus regularly transmitted, and that such indorsements had actually been made, as appeared upon the paper itself to have been made, and as were necessary and sufficient to entitle the plaintiff to the *136possession of the instrument, and to maintain an action upon it in his own name. He comes into court therefore…
2Cases cited1 opinion
- Williams v. LittleSuperior Court of New Hampshire · 1840