Miller v. Levitt
Massachusetts Supreme Judicial Court
Contract . upon promissory notes described in the opinion. Writ in the Municipal Court of the City of Boston dated February 18, 1916. On removal to the Superior Court the case was referred to an auditor, the parties agreeing that the auditor’s findings of fact should be final. Material facts found by the auditor are described in the opinion.
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Contract . upon promissory notes described in the opinion. Writ in the Municipal Court of the City of Boston dated February 18, 1916. On removal to the Superior Court the case was referred to an auditor, the parties agreeing that the auditor’s findings of fact should be final. Material facts found by the auditor are described in the opinion. Upon the facts found by the auditor, Fox, J., ordered judgment for the plaintiff in the sum of $677.43 with interest from the date of the filing of ti e auditor’s report. The defendant appealed.
1Opinion of the CourtCarroll, J.
This is an action against the indorser on two promissory notes, made by Julius Waldstein and payable to the plaintiff, a holder for value. The defendant was an accommodation indorser and known to be such by the plaintiff. The defendant contends, that although the notes were dishonored for non-payment, and notice of dishonor was given her, she is not *331liable, because the plaintiff received from Waldstein in September, 1915, an assignment of all his interest in a contract with the city of Boston for the construction of the Condor Street sewer, and that this security should be applied in payment…
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