Moor v. Wilson
Superior Court of New Hampshire
Assumpsit, to recover two notes, one of which was in these words: “ Manchester, June 1,. 1842. For value received, the Second Methodist E. Society in Manchester, N. H., promise to pay Moor & French, or bearer, seventy-six dollars and seventy-four cents, in one year from the first day of January, 1843, with interest.” The other was in the same words, except that'it was made payable in “ two ” years.
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Assumpsit, to recover two notes, one of which was in these words: “ Manchester, June 1,. 1842. For value received, the Second Methodist E. Society in Manchester, N. H., promise to pay Moor & French, or bearer, seventy-six dollars and seventy-four cents, in one year from the first day of January, 1843, with interest.” The other was in the same words, except that'it was made payable in “ two ” years. Both were signed by “ Darius Wilson, treasurer,” by the defendant, who .also affixed his own name, with the names of eight other persons, described as “ Trustees of 2d M. E. Society in Manchester.”…
1Opinion of the CourtWoods, J.
There is no ground on which it can be maintained that the defendant had authority to bind the society to the payment of the notes in question. His authority to borrow money, and, perhaps, as incident thereto, to give a note in behalf of and binding the society for its payment, does not reach the case. The consideration of the notes in question was lumber sold and delivered to the society, and no authority, dire.ct or by implication, appears to have been given him to bind the society by a promissory note, except in the particular case of borrowing money, if at all.
Neither was the authority…
2Cases cited6 opinions
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- Andover v. GraftonSuperior Court of New Hampshire · 1834
- Pettingill v. McGregorSuperior Court of New Hampshire · 1841
- Underhill v. GibsonSuperior Court of New Hampshire · 1821
- Woodes v. DennettSuperior Court of New Hampshire · 1837
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