Whitmore v. Nickerson
Massachusetts Supreme Judicial Court
Contract against Joshua G. Nickerson, Harrison Loring and F. H. Smith on the following promissory note: “ Boston, April 10, 1875. $4500. Five months after date we promise to pay to the order of Harrison Loring forty-five hundred dollars. Payable at Faneuil Hall Bank. Value received. J. G. Nickerson.” Indorsed “ Harrison Loring, F. H. Smith.”
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Contract against Joshua G. Nickerson, Harrison Loring and F. H. Smith on the following promissory note: “ Boston, April 10, 1875. $4500. Five months after date we promise to pay to the order of Harrison Loring forty-five hundred dollars. Payable at Faneuil Hall Bank. Value received. J. G. Nickerson.” Indorsed “ Harrison Loring, F. H. Smith.” At the trial in the Superior Court, before Bacon, J., without a jury, it appeared that on April 10, 1875, Nickerson applied to Loring for his indorsement of the note of the firm of J. G. Nickerson & Co., a firm consisting of Nickerson and T. B. Wales, Jr.…
1Opinion of the CourtGray, C. J.
Loring having indorsed the note in blank, and entrusted it to his clerk, with" authority to deliver it to Nicker-son upon his signing it with the name of his firm, was bound by the act of the clerk in delivering the note, in excess of his authority, to Nickerson before it had been signed by any one ; and stood just as if he had himself delivered it to Nickerson with a blank for the signature of the maker. Putnam v. Sullivan, 4 Mass. 45, 54. Fearing v. Clark, 16 Gray, 74. Greenfield Savings Bank v. Stowell, 123 Mass. 196, 199, 203.
The delivery of the note to Nickerson carried with it an…
2Cases cited6 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Violett v. PattonSupreme Court of the United States · 1809
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Greenvault v. President of the Farmers & Mechanics' BankMichigan Supreme Court · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
- McCormick v. HolmesSupreme Court of Kansas · 1889
- Williams v. SilversteinCalifornia Supreme Court · 1931
- Schuling v. ErvinSupreme Court of Iowa · 1918