Jones v. Holt
Supreme Court of New Hampshire
Assumpsit, on a promissory note for $115, payable to the plaintiff or order, and signed by the defendant and one Alanson Bond, who was then her husband. Facts found by a referee. Before the making of the note Bond had bargained for a horse at the price of $115, upon which the plaintiff held a mortgage for $102. The defendant had no interest in the trade or in the horse, but was willing to aid her husband in paying for the animal.
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Assumpsit, on a promissory note for $115, payable to the plaintiff or order, and signed by the defendant and one Alanson Bond, who was then her husband. Facts found by a referee. Before the making of the note Bond had bargained for a horse at the price of $115, upon which the plaintiff held a mortgage for $102. The defendant had no interest in the trade or in the horse, but was willing to aid her husband in paying for the animal. After the purchase Bond called with the plaintiff upon the defendant, and she said to the plaintiff, “We have bought a horse of Cod-man, and I want to borrow $115 to…
1Opinion of the CourtDoe, C. J.
As we understand the case, it is found as a fact that the defendant did not sign the note as surety for her husband, and that the debt which she promised to pay was contracted not by him as a principal, but by her. This fact brings the case within the doctrine of Parsons v. McLane, 64 N. H. 478. The defendant’s intention to give her husband a sum of money, or a horse, would not suspend her legal capacity to hire the money or buy the horse.
Judgment for the plaintiff.
Allen J., did not sit: the others concurred.
2Cases cited1 opinion
- Parsons v. McLaneSupreme Court of New Hampshire · 1887
3Cited by3 opinions
- Iona Savings Bank v. BoyntonSupreme Court of New Hampshire · 1896
- White Mountain National Bank v. NoyesSupreme Court of New Hampshire · 1924
- White Mountain National Bank v. MalloySupreme Court of New Hampshire · 1944