Grafton Bank v. Flanders
Superior Court of New Hampshire
Assumpsit. The declaration contained two counts. The first count was for $50Q money had and received. The second count was upon a promissory note dated December 28, 1825, for 0500, payable to the Grafton Bank, on demand with interest after sixty days, and alleged to be made by the defendant by the name of E. H. Mahurin.
Read the full summary
Assumpsit. The declaration contained two counts. The first count was for $50Q money had and received. The second count was upon a promissory note dated December 28, 1825, for 0500, payable to the Grafton Bank, on demand with interest after sixty days, and alleged to be made by the defendant by the name of E. H. Mahurin. The cause was tried here upon the general issue, at November term, 1826, when a note was produced, dated December 28, 1825, for $500, payable on demand with interest after sixty days, and purporting to be signed by C. S. Bailey, W. Wallis, and E. H. Mahurin, and to contain…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
One ground of defence upon which counsel rely in this case is, that a forgery has been committed, and that in such a case the law will not permit the party injured to proceed against the offender in a civil suit, but for the sake of the public will compel him to seek his remedy by a criminal prosecution, and merge the civil action in the felony. But to this ground of defence there are two decisive answers.
In the first, place, it does not appear that a forgery has been committed. To constitute forgery, it is not enough that the…
2Cases cited2 opinions
- Tucker v. RandallMassachusetts Supreme Judicial Court · 1807
- How v. HowSuperior Court of New Hampshire · 1817
3Cited by6 opinions
- Pettingill v. RideoutSuperior Court of New Hampshire · 1833
- Sleeper v. WeymouthSuperior Court of New Hampshire · 1852
- State v. DwinnellSuperior Court of New Hampshire · 1833
- Church v. ClarkeSuperior Court of New Hampshire · 1853
- Griffiths v. Certain UnderwritersDistrict Court, D. New Hampshire · 2010
1 more not listed; retrieve them via the Exa API.