Moore v. Cushing
Massachusetts Supreme Judicial Court
Contract, against Louis T. Cushing and Harvey H. Pratt, upon the following promissory note: “ $500. 24 July, 1893. “ Three months after date, I promise to pay to the order, of William Moore Five Hundred Dollars. Payable at any bank in Boston. Value received. Harvey H. Pratt.” Indorsed, “ Louis T. Cushing, William Moore." The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts, in substance as follows.
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Contract, against Louis T. Cushing and Harvey H. Pratt, upon the following promissory note: “ $500. 24 July, 1893. “ Three months after date, I promise to pay to the order, of William Moore Five Hundred Dollars. Payable at any bank in Boston. Value received. Harvey H. Pratt.” Indorsed, “ Louis T. Cushing, William Moore." The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts, in substance as follows. Before the delivery of the note, Pratt requested the plaintiff to get it discounted, and the plaintiff refused unless there…
1Opinion of the CourtHolmes, J.
This is a suit upon a note between two persons, who both became parties on it for the accommodation of the maker. The defendant Cushing indorsed the note before delivery; the plaintiff is the payee, and indorsed after the defendant. If the plaintiff had not known that the defendant indorsed the note for accommodation, he would have been entitled to recover. Woods v. Woods, 127 Mass. 141. Knowledge of that fact under the circumstances stated does not affect his rights. In the absence of agreement, successive indorsers for the accommodation of a third person are liable in the same order as…
2Cases cited2 opinions
- Shaw v. KnoxMassachusetts Supreme Judicial Court · 1867
- Woods v. WoodsMassachusetts Supreme Judicial Court · 1878
3Cited by3 opinions
- Goodman v. GaullMassachusetts Supreme Judicial Court · 1923
- Berenson v. ConantMassachusetts Supreme Judicial Court · 1913
- Lewis v. MonahanMassachusetts Supreme Judicial Court · 1899