Leavitt v. Peabody
Supreme Court of New Hampshire
Assumpsit, upon the defendant’s promissory note, payable to PI. or order; plea, the general issue with notice of a set-off of a debt due from H. to tile defendant. For a valuable consideration PI. sold and delivered the note, after its maturity, to the plaintiff, who, so far as appeared, had no knowledge of PI.’s indebtedness to the defendant.
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Assumpsit, upon the defendant’s promissory note, payable to PI. or order; plea, the general issue with notice of a set-off of a debt due from H. to tile defendant. For a valuable consideration PI. sold and delivered the note, after its maturity, to the plaintiff, who, so far as appeared, had no knowledge of PI.’s indebtedness to the defendant. It was not endorsed by H. until after the plaintiff was informed of the indebtedness, and that the defendant claimed to set it off against the note. The court rejected the set-off, and the defendant excepted.
1Opinion of the CourtCarpenter, J.
It sufficiently appears that the plaintiff purchased the note in good faith for a valuable consideration. It is immaterial that it was not indorsed until after he was informed that the defendant claimed to set off the debt due to him from the payee. The fact that the note was overdue when the plaintiff bought it was sufficient to discredit-fit, and its non-indorsement had no greater effect. Crosby v. Grant, 36 N. H. 279; Southard v. Porter, 43 N. H. 379; Ranger v. Cary, 1 Met. 369.
In Chandler v. Drew, 6 N. H. 469, decided in 1834, it was held, upon great consideration, that in air action…
2Cases cited51 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Call v. HaggerMassachusetts Supreme Judicial Court · 1812
- Eagle Bank of New-Haven v. SmithSupreme Court of Connecticut · 1823
- Bridge v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Commonwealth v. MagowanCourt of Appeals of Kentucky · 1858
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3Cited by1 opinion
- McCaffrey v. KennettSupreme Court of New Hampshire · 1905