Legal Opinion

Badger v. Barnabee

Superior Court of New Hampshire

Decided July 15, 1845Published

Assumpsit. In the first count in the declaration the plaintiff declared against the defendant as guarantor of a promissory note, dated May 30, 1843, for $400, signed by George W. Rice, and payable to the plaintiff, or his order, in thirty days, and grace. The second count was for money had and received. The third count was against the defendant as promissor upon said note. Plea, the general issue.

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Assumpsit. In the first count in the declaration the plaintiff declared against the defendant as guarantor of a promissory note, dated May 30, 1843, for $400, signed by George W. Rice, and payable to the plaintiff, or his order, in thirty days, and grace. The second count was for money had and received. The third count was against the defendant as promissor upon said note. Plea, the general issue. The plaintiff offered in evidence a note whereof the following is a copy: “ Portsmouth, May 30, 1843. Por value received I promise to pay Capt. Samuel Badger, or order, four hundred dollars, in…

1Opinion of the CourtWoods, J.

The verdict in this case was directed by the court for the defendant, and the question is, whether there is evidence upon which the jury might have found a verdict for the other side.

It appears that Rice made his note for $400, payable in thirty days to the plaintiff, in payment of an antecedent debt, and that Badger received it, and afterward, and for the express purpose of enabling Badger to get the note discounted, and for no other purpose whatever, the defendant put .his name upon the back of the note; that Badger did at first accept the note without the name of Barnabee being upon it.

It…

2Cases cited2 opinions

  1. Moies v. BirdMassachusetts Supreme Judicial Court · 1814
  2. Martin v. BoydSuperior Court of New Hampshire · 1840

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