Farmington National Bank v. Buzzell
Supreme Court of New Hampshire
Case, for deceit. The first count in the declaration alleges that the defendants falsely and fraudulently represented to the plaintiffs that the defendant Josie M. F. Buzzell was principal upon a certain promissory note signed by her and by the defendant Samuel II.
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Case, for deceit. The first count in the declaration alleges that the defendants falsely and fraudulently represented to the plaintiffs that the defendant Josie M. F. Buzzell was principal upon a certain promissory note signed by her and by the defendant Samuel II. Buzzell, lier husband, and by one Jacob P. Buzzell; and tlie plaintiffs, relying upon said false representations, discounted the note and gave the defendants the sum of 82,545.50 therefor; whereas in fact she was surety upon the note for her husband, and refused to pay the same for that reason; and the said Samuel and Jacob…
1Opinion of the CourtSmith, J.
There was no evidence which tended to show that Mrs. Buzzell was a party to any fraud upon the plaintiffs. There was no evidence tending to show that she signed the note, or made any representations to the plaintiffs, or was present when any wore made, or authorized any one to make any, or knew that any liad been made. She never signed the note, and never authorized any one to sign it on her behalf. As to her, the nonsuit was properly ordered.
As to Samuel H. Buzzell, the evidence tended to prove that he offered a note to the bank for discount of the tenor of that described in the first and…
2Cases cited1 opinion
- Springfield v. DrakeSupreme Court of New Hampshire · 1876
3Cited by1 opinion
- Perry v. HardySupreme Court of New Hampshire · 1901