Peoples National Bank v. Dixwell
Massachusetts Supreme Judicial Court
Contract or tort against John Dixwell and Heber Bishop, who were alleged in the amended declaration to have signed with the name, "New England Home for Deaf Mutes, Aged, Blind or Infirm, by John Dixwell, M. D. President and Heber Bishop, Treasurer,” a negotiable promissory note for $2,000, payable .to William F. Mitchell or order and purporting to be secured by a mortgage on real estate.
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Contract or tort against John Dixwell and Heber Bishop, who were alleged in the amended declaration to have signed with the name, "New England Home for Deaf Mutes, Aged, Blind or Infirm, by John Dixwell, M. D. President and Heber Bishop, Treasurer,” a negotiable promissory note for $2,000, payable .to William F. Mitchell or order and purporting to be secured by a mortgage on real estate. Writ dated September 9, 1911. It also was alleged in the amended declaration that the New England Home for Deaf Mutes, Aged, Blind or Infirm was a corporation, that the defendants had no authority to sign the…
1Opinion of the CourtHammond, J.
The paper purported to be the note of the New England Home for Deaf Mutes, Aged, Blind or Infirm, and *437to be executed in the name of the maker by the defendants. Had the defendants been duly authorized the note would have been that of the corporation. But the declaration asserts that they were not thus authorized. It was therefore neither the note of the alleged principal nor that of the alleged agents, and no action is maintainable thereon as a note against either party, — not against the principal because not its note in fact, and not against the agents because it does not purport to be…
2Cases cited4 opinions
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Roberts v. Anheuser Busch Brewing Ass'nMassachusetts Supreme Judicial Court · 1912
- Conant v. AlvordMassachusetts Supreme Judicial Court · 1896
3Cited by16 opinions
- Lumberman's Reciprocal Ass'n. v. BehnkenTexas Supreme Court · 1922
- National Shawmut Bank v. JohnsonMassachusetts Supreme Judicial Court · 1945
- Texas Employers' Ins. Ass'n v. SmithCourt of Appeals of Texas · 1934
- Mendelsohn v. HoltonMassachusetts Supreme Judicial Court · 1925
- Henry W. Savage, Inc. v. FriedbergMassachusetts Supreme Judicial Court · 1948
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