Merrimack Farmers Exchange, Inc. v. Elliott

This is an action of assumpsit on a check dated June 19, 1969, for $250, drawn by the defendant Baker upon the Amoskeag National Bank of Manchester, and negotiated by the defendant Elliott to the plaintiff Merrimack Farmers Exchange, Inc. The check, received as an exhibit, has a “stop payment ” stamped upon it.

At the trial, neither defendant testified and the court found that the plaintiff took the instrument for value, in good faith and without notice of any defense to it.

At the close of the plaintiff’s case, a motion to dismiss as to the defendant Baker was granted and the plaintiff…