Mechanics Savings Bank v. Feeney
Supreme Court of New Hampshire
Assumpsit, upon four promissory notes for $225 each, dated July 2, 1917, signed by the defendant, payable to the order of the Partin Manufacturing Company three, four, five and six months from date, and indorsed to the plaintiff before maturity. The company conducted a sales promotion business, furnishing prizes to be offered by retailers. The notes were given in payment for a contraed, of this nature.
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Assumpsit, upon four promissory notes for $225 each, dated July 2, 1917, signed by the defendant, payable to the order of the Partin Manufacturing Company three, four, five and six months from date, and indorsed to the plaintiff before maturity. The company conducted a sales promotion business, furnishing prizes to be offered by retailers. The notes were given in payment for a contraed, of this nature. The plaintiff was induced to enter into the contract by means of forged letters of recommendation of the company. The plaintiff’s cashier testified that he first did business with the company…
1Opinion of the CourtPeaslee, J.
The law governing this case is stated in Hallock v. Young, 72 N. H. 416. There being evidence for the consideration of the jury that the notes sued upon were obtained by fraud, it was incumbent upon the plaintiff to show that it was a bona fide holder for value. Upon this issue it had the burden of proof, and if upon the evidence a reasonable man might think its good faith in making the purchase was not shown, the defendant was entitled to have that issue submitted to the jury. The negotiable instrument act makes no change in this respect. Laws 1909, c. 123, ss. 52, 59.
The evidence relating…
2Cases cited2 opinions
- Hallock v. YoungSupreme Court of New Hampshire · 1904
- Burnham v. Concord RailroadSupreme Court of New Hampshire · 1897
3Cited by4 opinions
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- Sonabend v. CharronSupreme Court of New Hampshire · 1933
- Mechanics Savings Bank v. BerrySupreme Judicial Court of Maine · 1920
- National Radiator Corp. v. HoldenSupreme Court of New Hampshire · 1940