New York Life Insurance v. McKellar
Supreme Court of New Hampshire
Assumpsit, on a promissory note for $290, payable to the plaintiffs at Boston, Mass., in six months, with interest, and dated November 9, 1892. Facts agreed. The note is signed upon its face by one of the defendants, McKellar, while the names of the other defendants, Priest and Bell, are written across the back in the' usual manner of indorsements.
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Assumpsit, on a promissory note for $290, payable to the plaintiffs at Boston, Mass., in six months, with interest, and dated November 9, 1892. Facts agreed. The note is signed upon its face by one of the defendants, McKellar, while the names of the other defendants, Priest and Bell, are written across the back in the' usual manner of indorsements. Priest and Bell, only, defend the suit, and place their defence upon the following grounds: (1) That the note was without consideration as to them; (2) that the note was a Massachusetts contract, and that by Massachusetts law they are discharged by…
1Opinion of the CourtParsons, J.
It is not material whether the defendants Priest and Bell were liable to the plaintiffs upon the bond or not. There is no question but that McKellar was indebted to the-plaintiffs, and was liable upon the bond which was surrendered upon the giving of the note in suit. His liability and the surrender of the bond was a sufficient consideration for the note- and a distinct consideration moving from the plaintiffs to the defendants, who entered into the undertaking prior to the delivery of the note to the payee, is unnecessary. In Savage v. Fox,. 60 N. H. 17, the defendant, a married woman, was…
2Cases cited7 opinions
- Cox and Dick v. United StatesSupreme Court of the United States · 1832
- Hyde v. . GoodnowNew York Court of Appeals · 1850
- Lee v. . SelleckNew York Court of Appeals · 1865
- National Bank of Commonwealth v. LawMassachusetts Supreme Judicial Court · 1879
- Cook v. . LitchfieldNew York Court of Appeals · 1853
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3Cited by2 opinions
- Garrigue v. KellarIndiana Supreme Court · 1905
- Herbert v. SullivanCourt of Appeals for the First Circuit · 1941