Elliot v. Abbot
Superior Court of New Hampshire
Assumpsit, upon a promissory note, dated September 30th, 1839, payable to the President, Directors and Co. of the Ashuelot Bank, or order, in sixty days and grace, and alleged to be indorsed by the cashier of the bank to the plaintiff. The note in question was signed by John Townsend as principal, and by the defendant as surety, and had upon it the indorsement of the cashier of the bank.
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Assumpsit, upon a promissory note, dated September 30th, 1839, payable to the President, Directors and Co. of the Ashuelot Bank, or order, in sixty days and grace, and alleged to be indorsed by the cashier of the bank to the plaintiff. The note in question was signed by John Townsend as principal, and by the defendant as surety, and had upon it the indorsement of the cashier of the bank. It appeared in evidence that, prior to the making of the note, Townsend was indebted to the defendant, who called on him for payment. Townsend told the defendant that if he would sign a note to the bank with…
1Opinion of the CourtParker, C. J.
The note in this case was drawn payable to the Ashuelot Bank, and there offered for discount. On being refused at the bank, because the bank was not discounting, the cashier referred Townsend, the principal, to the plaintiff, who discounted it, giving an order upon his deposit in the bank. Under such circumstances the plaintiff, with the assent of the bank, might well have maintained an action in the name of the bank, to recover the note for his own use. 4 Cowen 567, Bank of Chenango vs. Hyde. And in that case Mr. Justice Sutherland, in delivering the opinion of the court, says: “ The…
2Cases cited3 opinions
- Wild v. Bank of PassamaquoddyU.S. Circuit Court for the District of Maine · 1825
- Williams v. MitchellMassachusetts Supreme Judicial Court · 1821
- Foster v. ShattuckSuperior Court of New Hampshire · 1822
3Cited by3 opinions
- Cross v. RoweSuperior Court of New Hampshire · 1850
- Hunt v. AldrichSuperior Court of New Hampshire · 1853
- Rockingham Bank v. ClaggettSuperior Court of New Hampshire · 1854