Morrison v. Citizens National Bank
Supreme Court of New Hampshire
Bill in Equity, alleging that April 12, 1881, the defendant bank being the holder of an overdue promissory note signed by one Dearborn, payable to the order of the plaintiff and by him endorsed, waiving demand and notice, and which had been discounted by it for the plaintiff, brought suit against the plaintiff upon his liability as endorser, and October 5, 1881, obtained judgment for $250.11 damages, and costs, $4.57, and October 29, 1881, took out execution therefor against…
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Bill in Equity, alleging that April 12, 1881, the defendant bank being the holder of an overdue promissory note signed by one Dearborn, payable to the order of the plaintiff and by him endorsed, waiving demand and notice, and which had been discounted by it for the plaintiff, brought suit against the plaintiff upon his liability as endorser, and October 5, 1881, obtained judgment for $250.11 damages, and costs, $4.57, and October 29, 1881, took out execution therefor against the plaintiff, which sums the plaintiff paid to the bank March 25, 1882 ; that on the same April 12, the bank brought a…
1Opinion of the CourtCarpenter, J.
The case comes up on a demurrer to the plaintiff’s bill, with an answer and an agreement that “ the allegations of the bill and answer are to be taken as facts, except where it is otherwise specifically agreed.” It is considered as if all the undisputed facts were alleged in the bill. Upon the whole case, some of the material facts are left in doubt. The view of them most favorable to the plaintiff is this: April 12, 1881, the defendant bank brought against Dearborn (1) an action to recover a promissory note on which the plaintiff was liable as indorser, and caused Dear-born’s property to be…
2Cases cited5 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Stamford Bank v. BenedictSupreme Court of Connecticut · 1843
- Pitts v. . CongdonNew York Court of Appeals · 1849
- Belcher v. Hartford BankSupreme Court of Connecticut · 1843
- Hurd v. LittleMassachusetts Supreme Judicial Court · 1815
3Cited by13 opinions
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- Houghtelin v. DiehlIdaho Supreme Court · 1929
- Pennsylvania Co. for Ins. on Lives & Granting Annuities v. Philadelphia Co.Court of Appeals for the Third Circuit · 1920
- Bingham v. MearsNorth Dakota Supreme Court · 1894
- Tidewater Coal Exchange, Inc. v. New Amsterdam Casualty Co.District Court, D. Delaware · 1927
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