President of the Northampton Bank v. Pepoon
Massachusetts Supreme Judicial Court
This was an action of assumpsit upon a promissory note, declared on as made by the said Pepoon on the 28th of January, 1809, for the sum of 3190 dollars 91 cents, payable in six months from the date to the Berkshire Bank, and by them endorsed to the plaintiffs.
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This was an action of assumpsit upon a promissory note, declared on as made by the said Pepoon on the 28th of January, 1809, for the sum of 3190 dollars 91 cents, payable in six months from the date to the Berkshire Bank, and by them endorsed to the plaintiffs. A trial was had on the general issue, before Jackson, J., at the last May term in this county, and a verdict taken by consent for the plaintiffs, subject to the opinion of the Court upon the report of the judge who sat in the trial; it being agreed that, if the Court should be of opinion that the plaintiffs were not entitled to…
1Opinion of the CourtParker, C. J.
(a)
The declaration being on a promissory note payable to the bank, and endorsed by them, the signature of the promisor is confessed, and there is no dispute as to the consideration, nor any pretence of payment; but the plaintiffs’ title is called in question, and to this defence the promisor is by law entitled. There is no suggestion of fraud, accident, or mistake, in the assignment; but the question is, whether what was intended to be done by the parties, with a fair view and for a valuable consideration, has been done with such legal formalities as to give it effect according to such…
2Cases cited6 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Elwell v. ShawMassachusetts Supreme Judicial Court · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Falk v. MoebsSupreme Court of the United States · 1888
- Page v. FordOregon Supreme Court · 1913
- Merrill v. HurleySouth Dakota Supreme Court · 1895
- Lamb v. CecilWest Virginia Supreme Court · 1884
- The Bank of Genesee v. . the Patchin BankNew York Court of Appeals · 1855
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