Springfield v. Drake
Supreme Court of New Hampshire
Assumpsit, upon a promissory note. The consideration of the note was a verbal assignment by the plaintiff to the defendant, of his right to sell a patented knitting machine in three towns in Carroll county, under his written appointment as agent of the Bickford Novelty Manufacturing Company. The defendant claimed that the note was obtained by fraud, and that no right passed to the defendant by the assignment. The patentee of the machine was one Dana Bickford.
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Assumpsit, upon a promissory note. The consideration of the note was a verbal assignment by the plaintiff to the defendant, of his right to sell a patented knitting machine in three towns in Carroll county, under his written appointment as agent of the Bickford Novelty Manufacturing Company. The defendant claimed that the note was obtained by fraud, and that no right passed to the defendant by the assignment. The patentee of the machine was one Dana Bickford. The letters patent, and the plaintiff’s written appointment by said company as its agent, were given in evidence. Said appointment…
1Opinion of the CourtBingham, J.
It does not appear that Bickford had conveyed his title to the company at the time of the plaintiff’s appointment; and the defendant claims that, his principal having no apparent title, the agent’s conveyance would not be a sufficient consideration for the note. The defendant obtained the patented machine for sale under his assignment, and he was never disturbed in the full use of all the rights he supposed he acquired under it, and for which he gave his note.
The general doctrine upon this subject appears to be, that when the vendee has- not been disturbed in the exercise and use of his…
2Cases cited2 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Stevens v. HeadSupreme Court of Vermont · 1837
3Cited by5 opinions
- Hamlin v. OliverSupreme Court of New Hampshire · 1915
- Anderson v. ScottSupreme Court of New Hampshire · 1900
- Farmington National Bank v. BuzzellSupreme Court of New Hampshire · 1882
- Perry v. HardySupreme Court of New Hampshire · 1901
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904