National Bank v. Sayer
Supreme Court of New Hampshire
Assumpsit, upon a bank cheek. Plea, the general issue, with •a brief statement that the check was obtained by fraud and was without consideration. Trial by the court and verdict for the plaintiffs. Transferred from the November term, 1905, of the superior court by Chamberlin, J., upon the defendant’s exception to the denial of his motion to set aside the verdict.
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Assumpsit, upon a bank cheek. Plea, the general issue, with •a brief statement that the check was obtained by fraud and was without consideration. Trial by the court and verdict for the plaintiffs. Transferred from the November term, 1905, of the superior court by Chamberlin, J., upon the defendant’s exception to the denial of his motion to set aside the verdict. November 17, 1902, one Plant bought a horse of one Nutter, and gave in payment a five-months note secured by a mortgage of the animal. The mortgage was duly recorded. In July, 1903, after the note was overdue, Nutter gave the note…
1Opinion of the CourtWalker, J.
It appears that the defendant, at the express-request of Plant, gave the bank the check in suit in order to discharge the claim which the bank was attempting to enforce against Plant. Notwithstanding Plant’s claim that he had paid the note, the bank insisted upon its validity. It did not concede that it was worthless, and threatened to take the horse covered by the mortgage unless the amount of the note was forthwith paid to it. In order to avoid this result and escape litigation with the bank, Plant induced the defendant to pay the note for him to the plaintiff. ' It is found that no fraud…
2Cases cited2 opinions
- Flannagan v. KilcomeSupreme Court of New Hampshire · 1878
- Hitchcock v. LibbySupreme Court of New Hampshire · 1900
3Cited by1 opinion
- National Bank v. SayerSupreme Court of New Hampshire · 1906