Martin v. Boyd
Superior Court of New Hampshire
Assumpsit. The first count was upon a note dated January 3, 1839, for ¾>440.75, made by the defendant, and payable to the plaintiffs, or their order, in six months.
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Assumpsit. The first count was upon a note dated January 3, 1839, for ¾>440.75, made by the defendant, and payable to the plaintiffs, or their order, in six months. The second count set forth, that one Charles H. Starrett, on the 3d of January, 1839, made his promissory note for $440.75, payable to the plaintiffs, or their order, in six months; and the defendant thereafterwards, on the same day, by his writing, under his hand on the back of the note, for value received promised the plaintiffs to pay them the contents of the note, according to the tenor thereof. The note produced in evidence…
1Opinion of the CourtUpiiam, J.
It seems to be conceded that the defendant m this case is liable in some mode ; and the sole question for consideration is, whether he is liable as an original pro-missor, or endorser, of the note, on the back of which he has affixed his signature.
The declaration alleges that the signature was affixed at the time of making the note : and such may be regarded as the settled presumption of law, uf|til evidence to the contrary is shown. On this presumption the act of the defendant in affixing his signature was an original undertaking, and the case therefore differs from that of Hodgkins vs.…
2Cases cited7 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Allen v. RightmereNew York Supreme Court · 1823
- Herrick v. CarmanNew York Supreme Court · 1815
- Ulen v. KittredgeMassachusetts Supreme Judicial Court · 1810
- Williams v. GrangerSupreme Court of Connecticut · 1810
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Currier v. FellowsSuperior Court of New Hampshire · 1853
- Badger v. BarnabeeSuperior Court of New Hampshire · 1845
- Benton v. WillardSuperior Court of New Hampshire · 1845