Andrews v. Sibley
Massachusetts Supreme Judicial Court
Bill in equity, filed, as substituted, in the Superior Court on November 5, 1913, to recover the amount of a certain promissory note made by the defendant Sibley for $1,159.20 with interest thereon at the rate of five per cent per annum from September 7, 1912, which note was purchased for value and in good faith by the plaintiff from one Williams after it had been altered fraudulently by him, with a prayer in the alternative that the note might be reformed and restored to…
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Bill in equity, filed, as substituted, in the Superior Court on November 5, 1913, to recover the amount of a certain promissory note made by the defendant Sibley for $1,159.20 with interest thereon at the rate of five per cent per annum from September 7, 1912, which note was purchased for value and in good faith by the plaintiff from one Williams after it had been altered fraudulently by him, with a prayer in the alternative that the note might be reformed and restored to its original condition and that the defendant Sibley might be ordered to pay the amount of the note to the defendant…
1Opinion of the CourtDe Courcy, J.
It appears from the agreed statement of facts that the promissory note which the defendant Sibley delivered to George E. Williams was payable to the defendant insurance company one year from date, and was for the amount of the premiums due September 8, 1912, on Sibley’s insurance policies. Shortly afterwards Williams altered the note by erasing the name of the insurance company as payee and inserting his own in place thereof. After this alteration and during the month of September, he negotiated the note by indorsement and delivery to the plaintiff, who now seeks to recover the amount thereof.
2Cases cited3 opinions
- Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Herman v. Connecticut Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1914
3Cited by5 opinions
- Clapper v. GambleCourt of Appeals for the Eighth Circuit · 1928
- Sherman v. Connecticut Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1915
- Wells Fargo Bank & Union Trust Co. v. Bank of ItalyCalifornia Supreme Court · 1931
- Laseter v. HillSupreme Court of Alabama · 1928
- Ryder v. BakerMassachusetts Supreme Judicial Court · 1927