Rich v. Errol
Supreme Court of New Hampshire
Assumpsit, by Joshua T. Rich against the town of Errol, to recover the amount due upon the following note : “ Errol, N. H., May 15,1865. “ For value received, the town of Errol promises to pay Hiram F. West, or bearer, five hundred dollars, in three years from date, with interest annually. “ Signed ~W. W. Bragg, \ Selectmen of Errol, John D. Palmer, j for the town of Errol.” Said note was given for a loan of money made by the payee.
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Assumpsit, by Joshua T. Rich against the town of Errol, to recover the amount due upon the following note : “ Errol, N. H., May 15,1865. “ For value received, the town of Errol promises to pay Hiram F. West, or bearer, five hundred dollars, in three years from date, with interest annually. “ Signed ~W. W. Bragg, \ Selectmen of Errol, John D. Palmer, j for the town of Errol.” Said note was given for a loan of money made by the payee. Said note was negotiated by W. W. Bragg, of Errol, who was, at the time said loan was made, one of the selectmen of said town, being duly elected to said office,…
1Opinion of the Court
* Smith, J.
It does not appear that the defendants have denied the signature of the note in the manner prescribed by the 44th rule of court. A failure to deny the signature operates as a conclusive admission of the authority of the selectmen. Great Falls Bank v. Farmington, 41 N. H. 32; Williams v. Gilchrist, 11 N. H. 535. But, as the defendants may hereafter get relieved from the rule and be permitted to deny the sig-nature (Aldrich v. Barron, Coös, July term, 1870), we propose to consider the case as if the question of authority was open to them.
The note was given for money loaned to the…
2Cases cited11 opinions
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Moran v. the Commissioners of Miami CountySupreme Court of the United States · 1863
- Monument National Bank v. Globe WorksMassachusetts Supreme Judicial Court · 1869
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3Cited by5 opinions
- City of Concord v. TompkinsSupreme Court of New Hampshire · 1984
- Girard v. Town of AllenstownSupreme Court of New Hampshire · 1981
- Gordon v. Town of RyeSupreme Court of New Hampshire · 2011
- Richards v. ColumbiaSupreme Court of New Hampshire · 1874
- Piper v. MeredithSupreme Court of New Hampshire · 1970