Supreme Court of New Hampshire, 1861

Witherell v. Ela

Witherell v. Ela
Supreme Court of New Hampshire · Decided June 15, 1861
42 N.H. 295

Witherell v. Ela

Opinion of the Court

By the Court.

The indorser of a note, when it is returned to bim, after protest, may strike out bis own indorsement, although .it is in full, and maintain an action on it in bis own name. Dugan v. U. S., 3 Wheat. 183; Piquet v. Curtis, 1 Sum. 480; Thompson v. Robinson, 4 Johns. 21; Emerson v. Cutts, 12 Mass. 78; Nevins v. De Grand, 15 Mass. 438; Bank of Utica v. Smith, 18 Johns. 230; Norris v. Badger, 6 Cow. 455; Chat. Co. Bank v. Davis, 21 Wend. 584; Chit, on Bills, 230, n. a; Edw. on Bills, 271.

Judgment for the plaintiff.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.