1 N.H. 284 | Superior Court of New Hampshire | 1818
The opinion of the court was delivered by
This is not an action against the party to the original contract, but is clearly distinguishable from that class of cases
Our statute
That simply writing a name in blank on the back of a note gives no authenticity whatever to any thing that may afterwards be Written over it, when he who writes his name was not before a party to the note, we apprehend admits of no doubt. In the case of Joselyn vs. Ames, 3 Mass. R. 274, the court say, “ the plaintiff cannot recover in this action; “but, according to the facts reported, he may cancel what “he has written upon the note, and instead thereof may “write — Por value received I undertake to pay the money “ within mentioned to E. J. ; and upon that endorsement “he may maintain'an action on the facts reported.” So, too, in the case of Birchard vs. Bartlett, 14 Mass. R. 279, it appears from the statement of facts, that the note had been endorsed in blank by the defendant to the plaintiff for a Valuable and adequate consideration ; and it also appears from the case that an undertaking and promise had been written over the defendant’s name, endorsed on the note, that the eontents*of the note should be paid to the plaintiff, according to its tenor : yet the court say, “there appears no evi- “ derice of any contract whatever with the plaintiff by the “ defendant. If the plaintiff can produce evidence that the
But it is contended that Bond must be considered as having given an express authority to Corbin to write a guaranty over his name, and that this brings the case within the principles laid down in Ullen vs. Kittredge. But we are not able to see that the writing itself can have any more authenticity when made under an express authority, than when made under an implied one. There is a material distinction between authorizing an agent to sign a contract already written, or make and sign an agreement, and authorize, ing an agent to reduce to writing a contract already made.. Where an agent has been authorized to sign a contract reduced to writing, as soon as his authority and signature are proved, the writing becomes evidence of the terms of the contract. The authority of signature may be proved by parole. 1 Schoales & Lefr. 22. But parole testimony will, be inadmissible to contradict or explain the writing. So, where an agent has been authorized to make a contract, and has reduced it to writing and signed it, when his authority and signature are proved the writing itself becomes evidence of the contract; and although the principal may deny the authority and signature of the agent, he would not be permitted to introduce evidence to shew that the contract made
Judgment far the defendant.-
3 Mass. R. 274, Joselyn vs. Ames.-9 Mass. R. 314, White vs. Howland.-6 Mass. R. 519, Hunt vs. Adams.-5 Mass. R. 358.-13 John. 175, Nelson vs. Dubois.-11 Mass. R. 436, Moies vs. Bird.-8 Johnson 29, Leonard vs. Vredenburg.
Douglass 514, Russell vs. Langstaff.-1 W. Blackstone 313, Collis & al. vs. Emett.-5 Cranch 142, Violett vs. Patton.
2 Wilson 94, Fisk vs. Hutchinson.-1 Wilson 305, Read vs. Nash.-2 Espin. Cases 483, Winckworth vs. Mills.-1 Saund. 211, nt. 2.-5 East 10, Wain & al. vs. Warllers.-2 Selwyn N. P. 732.-1 Schoales & Lef. 22, Clinan vs. Cooke.
Statute of Feb. 10, 1791, sec. 1-1 N. H. Laws, 178.
Sugden's Law of Vendors 54. — 1 P. Williams 770, Hawkins vs. Holmes, and note. — Stokes vs. Moore & ux., 13 Mass. R. 87. Penniman vs. Hathorn & al.-1 Espin. Cases 190. — Knight vs. Crockford, 3 Espin. Cases 180. — 2 Bos. & Puller 233. —3 John. 399, Bailey & al. vs. Ogden.-12 John. 102, Merritt & al. vs. Clason.- 9 Vescy, jr., 234, Coles vs. Trecothick. — 3 Atkins 503, Wilford vs. Beazeley, — 2 Johnson 430, Jackson vs. Titus.
1 Schoales & Lefroy 22, Clinan vs. Cooke.-4 Cranch 224, Grant vs. Naylor.-5 East 10.-3 Dallas 415, Clark vs. Russell. — 3 Johnson 310, Sears vs. Brink & al.— 4 Bos. & Pul. 252, Champion vs. Plummer. —15 East 272, Bateman vs. Phillips.