Rogers v. Hackett
Superior Court of New Hampshire
Assumpsit, against the defendant, as indorser of two promissory notes, dated March 2,1848, one for $50, and one for f> 18.30, signed by one John C. Weymouth, and payable to the defendant or order, on demand, with interest. The notes were indorsed by the defendant, in blank, and were so indorsed by him, July 3, 1843, and passed to a Mr. Eastman,'in part payment of an execution which he held against the defendant’s father.
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Assumpsit, against the defendant, as indorser of two promissory notes, dated March 2,1848, one for $50, and one for f> 18.30, signed by one John C. Weymouth, and payable to the defendant or order, on demand, with interest. The notes were indorsed by the defendant, in blank, and were so indorsed by him, July 3, 1843, and passed to a Mr. Eastman,'in part payment of an execution which he held against the defendant’s father. There was no evidence of a demand on Weymouth, or notice to Hackett of non-payment, further thán appears from the fact hereafter stated. The notes remained the property of…
1Opinion of the Court
Gilchrist, C. J.*
The defendant contends that evidence of the state of Weymouth’s property, and of the defendant’s statements respecting it, made at the time of the indorsement, was inadmissible. In support of this position, reference is made to the case of Barry v. Morse, 3 N. H. Rep. 132. That case, however, decides merely, that where a note has been indorsed in blank, parol evidence is not admissible to prove, in a suit against the indorser-, that he agreed to be liable at all events, without demand of the maker and notice of non-payment. The evidence seems to us immatei’ial. It cannot…
2Cases cited4 opinions
- Hamblett v. HamblettSuperior Court of New Hampshire · 1833
- Woodman v. EastmanSuperior Court of New Hampshire · 1839
- Barry v. MorseSuperior Court of New Hampshire · 1824
- Woodman v. JonesSuperior Court of New Hampshire · 1836