Hibbard v. Russell
Superior Court of New Hampshire
Assumpsit against the defendant upon his liability as indorser of a promissory note. The substance of the declaration is given in the opinion of the court. The defendant pleaded the general issue.
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Assumpsit against the defendant upon his liability as indorser of a promissory note. The substance of the declaration is given in the opinion of the court. The defendant pleaded the general issue. To maintain the issue on his part, the plaintiff introduced C. Ainsworth as a witness, who testified that on the 17th day of February 1841 the plaintiff and defendant came into his office and wished to get a conveyance made of Hibbard’s house to Russell the defendant, for which Russell was to pay Hibbard the plaintiff $2500, and he did pay a portion of it by a note against W. Cobleigh and others,…
1Opinion of the CourtWoods, J.
This is an action by an indorsee of a promissory note against the indorser. The first count sets forth the making of the note on the 16th day of November 1840, payable to the defendant, its indorsement and delivery for value by him to the plaintiff, its presentation to the makers.for payment, their refusal, and notice on the same day to the defendant.
The second count alleges, that on the 17th day of February 1841 the plaintiff having the note in his possession, which the defendant had for value on that day indorsed and delivered to him, in consideration that the plaintiff at the defendant’s…
2Cases cited2 opinions
- Lane v. StewardSupreme Judicial Court of Maine · 1841
- Fuller v. McDonaldSupreme Judicial Court of Maine · 1824