Evans v. Gale
Superior Court of New Hampshire
Assumpsit, to recover $12.50, paid by the plaintiff to the defendant under the circumstances described in the opinion of the court.
1Opinion of the CourtWoods, J.
The plaintiff' in this case, having held a note against one Knight, had indorsed it in a manner to save himself from liability. The note, in this form, came into the hands of the defendant, who found means to induce the plaintiff to pay the'note under a belief .that he might be holden, notwithstanding the qualified terms of the indorsement. This act entitled the, plaintiff to the possession of the paper, and it was accordingly delivered to him. It was his, as it would have become his in case he had purchased it.
This transaction the plaintiff seeks to avoid, and to recover back the money that…
2Cases cited4 opinions
- Lyon v. RichmondNew York Court of Chancery · 1816
- Sprague v. BirdsallNew York Supreme Court · 1823
- Bulkley v. StewartSupreme Court of Connecticut · 1803
- Shepherd v. TempleSuperior Court of New Hampshire · 1826