Baxter National Bank v. Talbot
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, brought by the holder of certain promissory notes to recover against the indorser. The case was tried in the Superior Court upon issues for a jury, before Dunbar, J., who excluded certain evidence, and ordered the jury to return a verdict for the plaintiff; and the defendant alleged exceptions. The facts and the nature of the evidence appear in the opinion.
1Opinion of the CourtMorton, J.
The plaintiff seeks to recover in this suit from, the defendant as indorser on five promissory notes, and to reach and apply in payment of them the interest of the defendant in a partnership of which he is a member. The notes were made by the Esperanza Marble Company, to its own order, were indorsed in blank by it and the defendant, and by two other parties, and were all made payable at the “ Baxter National Bank, Rutland, Vt.,” which we assume to be the plaintiff bank. This suit is against the defendant alone. The defendant in his answer alleged that his indorsement was made and took effect…
2Cases cited22 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
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3Cited by16 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Thomas G. Jewett, Jr. Inc. v. Keystone Driller Co.Massachusetts Supreme Judicial Court · 1933
- Campbell v. Sheraton Corp. of AmericaSupreme Court of Missouri · 1952
- Atwood v. WalkerMassachusetts Supreme Judicial Court · 1901
- In Re PlantUnited States Bankruptcy Court, D. Massachusetts · 2003
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