Bamford v. Boynton
Massachusetts Supreme Judicial Court
Contract for the amount of a promissory note for $2,000, which the plaintiff had. indorsed after the defendant, and had been compelled to pay. Writ dated May 29, 1905. The defendant did not demur, but filed an answer. In the Superior Court the case was tried before Crosby, J. The note declared upon was as follows: “ $2000. Boston, Jan. 7, 1905. “ Four months after date the Bay Side Coal Co. promises to pay to the order of the Bay Side Coal Co., two thousand dollars.
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Contract for the amount of a promissory note for $2,000, which the plaintiff had. indorsed after the defendant, and had been compelled to pay. Writ dated May 29, 1905. The defendant did not demur, but filed an answer. In the Superior Court the case was tried before Crosby, J. The note declared upon was as follows: “ $2000. Boston, Jan. 7, 1905. “ Four months after date the Bay Side Coal Co. promises to pay to the order of the Bay Side Coal Co., two thousand dollars. Payable at any bank Lynn, with interest. Value received. “ Bay Side Coal Co., “ Walter M. Magee, Treas.” Indorsements. “ Bay…
1Opinion of the CourtHammond, J.
It is settled, in this Commonwealth at least, • that in the absence of any agreement to the contrary in a case like this, the rights of the plaintiff and the defendant are not those of joint makers, or of co-sureties or guarantors, but are those of successive indorsers. Lewis v. Monahan, 173 Mass. 122, and cases cited. The declaration therefore was sufficient.
It follows that, even if the question involved in the ruling requested, not having been raised by demurrer, could have been raised for the first time by the defendant after the case was called for trial and before the jury were…
2Cases cited1 opinion
- Lewis v. MonahanMassachusetts Supreme Judicial Court · 1899
3Cited by3 opinions
- Thompson v. CurryWest Virginia Supreme Court · 1917
- First National Bank v. WolfsonMassachusetts Supreme Judicial Court · 1930
- Pofcher v. FisherMassachusetts Supreme Judicial Court · 1930