Dearth v. Hide & Leather National Bank
Massachusetts Supreme Judicial Court
Bill in equity. At the hearing before Hoar, J., upon bill, answer and plaintiff’s proofs, the case appeared to be as follows: The Portland Company made a promissory note for $2296, dated August 23, 1860, and payable in six months from date to the order of Page, Briggs & Babbitt; and this note was indorsed by Page, Briggs & Babbitt to the defendants. In January 1861, the indorsers became insolvent, and assignees were appointed of their estate.
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Bill in equity. At the hearing before Hoar, J., upon bill, answer and plaintiff’s proofs, the case appeared to be as follows: The Portland Company made a promissory note for $2296, dated August 23, 1860, and payable in six months from date to the order of Page, Briggs & Babbitt; and this note was indorsed by Page, Briggs & Babbitt to the defendants. In January 1861, the indorsers became insolvent, and assignees were appointed of their estate. In July 1861, the defendants proved the note against the estate of the indorsers, and received a dividend thereon of $457.81, and on August 22, 1861,…
1Opinion of the CourtChapman, C. J.
It appears that Page, Briggs & Babbitt went into insolvency January 10,1861, being at the time indorsers of a promissory note which had been made by the Portland Company to them or their order, and had been indorsed by them and discounted for them by the defendants. This note was proved by the defendants in the court of insolvency, and they received thereon a dividend amounting to $457.81. The payment of this dividend would not entitle the assignees to the possession of the note in order that they might collect the amount of the Portland Company, for whom they had paid it; but it would give…
2Cited by14 opinions
- Carleton & Hovey Co. v. BurnsMassachusetts Supreme Judicial Court · 1934
- Finlay v. Eastern Racing Ass'nMassachusetts Supreme Judicial Court · 1941
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
- Crocker v. DillonMassachusetts Supreme Judicial Court · 1882
- Jones v. KeenMassachusetts Supreme Judicial Court · 1874
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