Emerson v. Crocker
Superior Court of New Hampshire
Assumpsit for $400, had and received by the defendant to the use of the plaintiff. The cause was tried here, at April term, 1829, upon the general issue, and a verdict taken for the plaintiff, subject to the opinion of the court upon the following case.
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Assumpsit for $400, had and received by the defendant to the use of the plaintiff. The cause was tried here, at April term, 1829, upon the general issue, and a verdict taken for the plaintiff, subject to the opinion of the court upon the following case. One Daniel Cunnings, on the 20th February, 1824, gave to the plaintiff a note for $200, and as collateral security for the payment of the same delivered to the plaintiff two notes, one for $188,58, and the other for $48,18, both dated April 9, 1823, made by one Caleb Cumings, payable to the said Daniel Gumirigs, or order, on demand; and by him…
1Opinion of the Court
By the court.
The notes, the contents of which the defendant has in his hands, were the property of the plaintiff at the time when the defendant received them, and had been deposited by the plaintiff with Pratt merely for collection. They were payable to order, and endorsed by the payee. It does not appear that the defendant had notice, or any reason to suspect, that the notes were not the property of Pratt. And the question is, whether the defendant, admitting him to have been a creditor of Pratt and to have received the notes, bona fide, and without actual notice of the interest of the…
2Cases cited4 opinions
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Thurston v. M'KownMassachusetts Supreme Judicial Court · 1810
- Losee v. DunkinNew York Supreme Court · 1810
- Martin v. WinslowU.S. Circuit Court for the District of Rhode Island · 1821
3Cited by3 opinions
- Dowling v. Grand Avenue BankMissouri Court of Appeals · 1924
- Franklin Bank v. St. Louis Car Co.Supreme Court of Missouri · 1928
- Carlton v. BaileySuperior Court of New Hampshire · 1853