Keazar v. Colebrook National Bank
Supreme Court of New Hampshire
Assumpsit, for money paid the defendants by R. Gf. Jameson & Son, on February 15, 1904. Writ dated January 21, 1905. Facts found, and case transferred from the September term, 1908, of the superior court, by Qhamberlin, J. In June, 1898, the plaintiff was the holder of a check on a Massachusetts bank for §55, which he indorsed and transferred to R. G. Jameson & Son, who in turn indorsed the check and deposited it in the defendant bank.
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Assumpsit, for money paid the defendants by R. Gf. Jameson & Son, on February 15, 1904. Writ dated January 21, 1905. Facts found, and case transferred from the September term, 1908, of the superior court, by Qhamberlin, J. In June, 1898, the plaintiff was the holder of a check on a Massachusetts bank for §55, which he indorsed and transferred to R. G. Jameson & Son, who in turn indorsed the check and deposited it in the defendant bank. The check was protested for nonpayment, and both indorsers were duly notified. A few days later the plaintiff met Bailey, cashier of the bank, upon the street,…
1Opinion of the CourtParsons, C. J.
The question argued, whether the payment to the defendants’ cashier Bailey, under the circumstances disclosed in the case, was a payment to the bank, does not appear to be material in the present controversy. For obvious reasons, the plaintiff does not claim he can recover the money which he alleges he paid the defendants in 1898 in discharge of his liability as indorser. His claim is for the money paid by Jameson & Son in 1904, in discharge of the claim of the bank against them as indorsers.
The holder of dishonored negotiable paper has a claim against all of the prior indorsers to whom…
2Cases cited2 opinions
- Strafford Savings Bank v. ChurchSupreme Court of New Hampshire · 1899
- Bradley v. LaconiaSupreme Court of New Hampshire · 1890
3Cited by2 opinions
- Harding v. HewesSupreme Court of New Hampshire · 1935
- E. D. Clough & Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914