Cochran v. Wheeler
Superior Court of New Hampshire
This was assumpsit founded on a note. The parties agree that the note was made by the defendant to one Daniel Pinkham, for the sum of $ 150, and that it was agreed by said Pinkham and the defendant that the said Pinkham should get said note discounted at some hank, and should retain one half of the amount received, and let the defendant have the remainder : That said Pinkham procured the discount of the note at the New-Hampshire Bank, and retained one half of the proceeds of…
Read the full summary
This was assumpsit founded on a note. The parties agree that the note was made by the defendant to one Daniel Pinkham, for the sum of $ 150, and that it was agreed by said Pinkham and the defendant that the said Pinkham should get said note discounted at some hank, and should retain one half of the amount received, and let the defendant have the remainder : That said Pinkham procured the discount of the note at the New-Hampshire Bank, and retained one half of the proceeds of the note, and paid the other half to the defendant. On the 10th of December, 1825, the said note became due, and said…
1Opinion of the CourtUp ham, J.
It has been decided, in the case of Bryant vs. Ritterbush, 2 N. H. Reports, 212, that, as a general rule, when a note has been once paid it ceases to be negotiable. This doctrine was based upon the decisions in Blake vs. Sewall, 3 Mass. 556, and Boylston vs. Green, 8 Mass. 465 ; but it is undoubtedly subject to the limitation as now holden in Guild vs. Eager, 17 Mass. 615, in which the rule is restrained to cases where the party to a bill or note is prejudiced by a subsequent transfer. There is nothing in the case of Bryant vs. Ritterbush which conflicts with the limitation here affixed, or…
2Cases cited7 opinions
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Guild v. EagerMassachusetts Supreme Judicial Court · 1822
- Jones v. SavageNew York Supreme Court · 1831
- Blake v. SewellMassachusetts Supreme Judicial Court · 1799
- Boylston v. GreeneMassachusetts Supreme Judicial Court · 1812
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Davis v. StevensSuperior Court of New Hampshire · 1839
- Manson v. SuttererSupreme Court of Alabama · 1917