Merriam v. Rockwood
Supreme Court of New Hampshire
Assumpsit upon a promissory note. Plea the general issue. The note declared on is as follows : Nashua, June 13, 1861. Ninety days after date, I promise to pay to the order of Albert Merriam, two hundred dollars, value received, payable at the Indian Head Bank, Nashua. (Signed,) War. P. Yorke. And on the back, Jefferson Rockwood. It appeared in evidence that at the date of the note, Yorke and Rock-wood resided in Nashua, N. H., and Merriam in Lowell, Mass.
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Assumpsit upon a promissory note. Plea the general issue. The note declared on is as follows : Nashua, June 13, 1861. Ninety days after date, I promise to pay to the order of Albert Merriam, two hundred dollars, value received, payable at the Indian Head Bank, Nashua. (Signed,) War. P. Yorke. And on the back, Jefferson Rockwood. It appeared in evidence that at the date of the note, Yorke and Rock-wood resided in Nashua, N. H., and Merriam in Lowell, Mass. Merriam was introduced as a witness and testified that in a day or two after the date of the note, he received it by mail in a letter from…
1Opinion of the CourtNesmith, J.
The plaintiff Merriam brings his action of assumpsit against the defendant as signer of a certain promissory note originally drawn by one William F. Yorke, for $200, for value received, signed by defendant as joint promissor, and purporting to be made payable to the order of the plaintiff in 90 days from date, at the Indian Head Bank in Nashua. When the note was signed, the drawer and the defendant both resided in Nashua, and the note was forwarded by Yorke to the plaintiff, who resided at Lowell, who there raised the amount of the note and forwarded the funds to Yorke, who had the benefit of…
2Cases cited2 opinions
- Passumpsic Bank v. GossSupreme Court of Vermont · 1858
- Haskins v. LombardSupreme Judicial Court of Maine · 1839