Legal Opinion

Clark v. Ricker

Superior Court of New Hampshire

Decided July 15, 1843PublishedCited by 4 opinions

Assumpsit upon a promissory note, dated February 21, 1840, for $50, signed by the defendants, and payable to one Jeremiah M. Rollins, or order, in one year from its date, with interest, and by Rollins indorsed to Walter G. G. Emerson, and by Emerson to Nathaniel Willey, and by Willey to Z. Batchelder, and on the 6th day of February, 1841, indorsed by Batchelder to the plaintiff. Plea, the general issue.

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Assumpsit upon a promissory note, dated February 21, 1840, for $50, signed by the defendants, and payable to one Jeremiah M. Rollins, or order, in one year from its date, with interest, and by Rollins indorsed to Walter G. G. Emerson, and by Emerson to Nathaniel Willey, and by Willey to Z. Batchelder, and on the 6th day of February, 1841, indorsed by Batchelder to the plaintiff. Plea, the general issue. It appeared that the note was given for the purpose of settling a prosecution instituted against one of the defendants, charging him with the crime of adultery with the wife of Hollins, and…

1Opinion of the Court

Parker, O. J.

The agreement not to prosecute for the alleged offence, formed a part of the consideration for which the note was given. It was not merely a settlement of the damages.

The contract being entire, and a part of the consideration illegal, the whole note may be avoided in the hands of the payee, or of a holder with notice. 5 N. H. Rep. 533; 6 Ditto 225; 9 Ditto 197. But this is not a defence which can avail against an indorsee who took it before it was due, and holds it bona fide, without any notice of the illegality in the consideration. 1 N. H. Rep. 254; Story on Bills 210, $ 189.

The…

2Cases cited2 opinions

  1. Kimball v. BlaisdellSuperior Court of New Hampshire · 1831
  2. Perkins v. ChallisSuperior Court of New Hampshire · 1818

3Cited by4 opinions

  1. Coburn v. OdellSuperior Court of New Hampshire · 1855
  2. Carlton v. BaileySuperior Court of New Hampshire · 1853
  3. Fuller v. BeanSuperior Court of New Hampshire · 1855
  4. Wentworth v. BlaisdellSuperior Court of New Hampshire · 1845

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