Public-domain · open source
OpenJurist

59 N.H. 487

Norris v. Ward

Supreme Court of New Hampshire

Decided December 5, 1879

Supreme Court of New Hampshire · decided 1879-12-05

Assumpsit, on a negotiable promissory note payable to the defendant and endorsed by him to the plaintiff before maturity. Facts found by a referee. 1. There was no demand of payment upon the maker and notice of the dishonor to the defendant such as is required by the law merchant to fix the liability of an indorser. 2. After the dishonor, the defendant promised the plaintiff to pay the note. 3.

Relies on Woodman v. Eastman · Merrimack County Bank v. Brown · Edwards v. Tandy

Decided 1879-12-05

Smith, J.

¶1 It does not appear that the defendant, when he promised to pay the note after its dishonor, knew that no demand had been made upon the maker at the maturity of the note. In order to render his promise effectual, he must have known that no demand had been made. Ladd v. Kenney, 2 N. H. 340; Otis v. Hussey, 3 N. H. 346; Whitney v. Abbott, 5 N. H. 379; Farrington v. Brown, 7 N. H. 271; Woodman v. Eastman, 10 N. H. 366; Bank v. Brown, 12 N. H. 325; Caldwell v. Porter, 17 N. H. 27; Rogers v. Hackett, 21 N. H. 100; Edwards v. Tandy, 36 N. H. 544; Hopkins v. Liswell, 12 Mass. 52; 3 Kent Com. 113.

¶2 Judgment on the report for the defendant.

Foster, J., did not sit: the others concurred.
/59/nh/487 · .json · Public domain