SECURITY FENCE CO. v. MANCHESTER FEDERAL SAVINGS & LOAN ASSOCIATION

No. 4601.

101 N.H. 190 (1957)

SECURITY FENCE COMPANY v. MANCHESTER FEDERAL SAVINGS & LOAN ASSOCIATION.

Supreme Court of New Hampshire.

Decided December 18, 1957.


Attorney(s) appearing for the Case

Devine & Millimet (Mr. Shane Devine orally), for the plaintiff.

Sheehan, Phinney, Bass, Green & Bergevin and Joseph F. Devan (Mr. Devan orally), for the defendant.


DUNCAN, J.

The Trial Court's ruling that the defendant is liable for conversion under RSA 337:21, 23 comes to this court unquestioned by either party. While the applicability of section 21 is not apparent (see Beutel's Brannan, Negotiable Instruments Law (7th ed.) 433), under section 23 the ruling establishes that the defendant acquired "no right to retain the instrument, or to give a discharge therefor" because the endorsement by the payee's agent was "without...

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