Mowry v. Adams
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note, dated the 6th of November, 1812, made by the defendant to Paul Boyden, or order, for 120 dollars, payable in nine months, with interest, and endorsed by said Boyden; also counts for money had and received, and for money laid out and expended. The plaintiff, having filled up the endorsement to the bearer, avers that he is the bearer for a valuable con sideration.
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Assumpsit on a promissory note, dated the 6th of November, 1812, made by the defendant to Paul Boyden, or order, for 120 dollars, payable in nine months, with interest, and endorsed by said Boyden; also counts for money had and received, and for money laid out and expended. The plaintiff, having filled up the endorsement to the bearer, avers that he is the bearer for a valuable con sideration. It appeared in evidence, at a trial had upon the general issue, April term, 1816, before Putnam, J., that P. Boyden was desirous of borrowing 120 dollars of one Roswell Warner, that the defendant gave…
1Opinion of the CourtParker, C. J.
The plaintiff, Mowry, has brought this action in his own name; and the question is, whether he can maintain it, or whether he ought not to have sued as administrator of Boyden.
With respect to the count on the note, he could not recover, either in his own right, or as administrator, because the note was given by Adams.for the use and accommodation of Boyden, the intestate, and ought to have been paid by him, he having received the money from Warner. Besides, he derives no title to it from having paid and taken up the note, with the blank endorsement of Boyden; for the note was not payable to…
2Cited by20 opinions
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- Merritt v. SeamanNew York Supreme Court · 1849
- Oglesby v. GilmoreSupreme Court of Georgia · 1848
- Burrell v. KernOregon Supreme Court · 1899
- Grueby v. Chase Harris Forbes Corp.Massachusetts Supreme Judicial Court · 1935
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