1 Haw. 31 (Haw.Super. 1848), Martin v. Montgomery

Citation:1 Haw. 31
Opinion Judge:LEE, CHIEF JUSTICE
Party Name:JEREMIAH MARTIN v. ISAAC MONTGOMERY.
Attorney:Mr. DeFiennes and Mr. Hawes for plaintiff. Mr. Jasper for defendant.
Judge Panel:CHIEF JUSTICE LEE
Case Date:April 01, 1848
Court:Superior Court of Hawai'i
 
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Page 31

1 Haw. 31 (Haw.Super. 1848)

JEREMIAH MARTIN

v.

ISAAC MONTGOMERY.

Superior Court of Hawai'i.

April 1, 1848

Syllabus by the Court

Plaintiff recovered the amount of three promissory notes, endorsed to him by the defendant without recourse, on the ground that at the time of the endorsement the defendant represented the maker as being solvent, well knowing that he was in fact insolvent.

Mr. DeFiennes and Mr. Hawes for plaintiff.

Mr. Jasper for defendant.

LEE, CHIEF JUSTICE

This was an action on the case to recover the amount of three promissory notes endorsed by the defendant to the plaintiff in October last, in payment of a vessel sold by the plaintiff to the defendant.

It appeared in evidence, that the plaintiff in October last, sold a schooner to the defendant, paid him for the same, by giving him three promissory notes for $500 each, drawn by Francis Funk payable to defendant. Montgomery endorsed the notes over to Martin without recourse, but at the same time represented Funk as a solvent man, when he well knew that he was not worth a farthing. The ground of the action was fraud and deceit in the false representations as to Funk's responsibility. The defense was that the notes were endorsed " without recourse, " and that the plaintiff could not look to the defendant for the payment of the same.

CHIEF JUSTICE LEE charged the jury that fraud vitiated...

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