Cutting v. Daigneau
Massachusetts Supreme Judicial Court
Contract upon a promissory note for eight thousand dollars, dated August 15, 1883, signed J. Daigneau and Company, payable four months after date to the order of Charles Church, and by him indorsed to the plaintiff. At the trial in the Superior Court, without a jury, before Blodgett, J., the following facts were found or appeared in evidence.
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Contract upon a promissory note for eight thousand dollars, dated August 15, 1883, signed J. Daigneau and Company, payable four months after date to the order of Charles Church, and by him indorsed to the plaintiff. At the trial in the Superior Court, without a jury, before Blodgett, J., the following facts were found or appeared in evidence. The note was executed and indorsed to the plaintiff in Canada, the laws of which as applicable to the facts were presumed to be the same as those of this Commonwealth. The defendants resided in Canada, and constituted a copartnership doing business under…
1Opinion of the CourtC. Allen, J.
The note in suit was given by a partnership to one of its members, who indorsed the same to the plaintiff. It is plain that an action at law could not be maintained upon the note by the original payee. In the first place, such action would be defeated by the formal objection that the payee was also one of the promisors, and that he could not bring an action against himself. This formal objection is removed by the indorsement of the note to a third person.. Pitcher v. Barrows, 17 Pick. 361. Thayer v. Buffum, 11 Met. 398. Temple v. Seaver, 11 Cush. 314. But there is also an objection of…
2Cases cited3 opinions
- Thompson v. LoweIndiana Supreme Court · 1887
- Couilliard v. EatonMassachusetts Supreme Judicial Court · 1885
- Duff v. MaguireMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Berwin v. CableMassachusetts Supreme Judicial Court · 1943
- Town of Middleborough v. Middleborough Gas & Electric DepartmentMassachusetts Supreme Judicial Court · 1996
- International Trust Co. v. WilsonMassachusetts Supreme Judicial Court · 1894
- Nye v. United StatesCourt of Appeals for the First Circuit · 1936