Franklin Savings Bank v. Inhabitants of Framingham
Massachusetts Supreme Judicial Court
Contract by a savings bank against the town of Framingham as the maker and as the indorser of an alleged promissory note for $25,000 dated October 29, 1908, and payable on October 15, 1909, which is described in the opinion. Writ dated September 1, 1910. In the Superior Court the case was tried before Bell, J. The facts which appeared at the trial are stated in the opinion.
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Contract by a savings bank against the town of Framingham as the maker and as the indorser of an alleged promissory note for $25,000 dated October 29, 1908, and payable on October 15, 1909, which is described in the opinion. Writ dated September 1, 1910. In the Superior Court the case was tried before Bell, J. The facts which appeared at the trial are stated in the opinion. At the close of the evidence and when certain agreements as to the facts had been made by the parties, the judge ordered a verdict for the defendant, and by agreement of the parties reported the case and the questions of…
1Opinion of the CourtRugg, C. J.
This is an action of contract upon a promissory note of which the plaintiff is a holder for value in good faith before maturity. The note is in due form and purports to be signed by the treasurer of the defendant and countersigned by a majority of its board of selectmen. The issuance of such a note had been authorized by vote of the defendant. A note duly authorized and issued is valid if signed by the treasurer of a town and countersigned by a majority of its selectmen. R. L. c. 27, § 9. The signatures of the selectmen upon this note were forged by the treasurer, and the proceeds of the sale…
2Cases cited21 opinions
- Dixon County v. FieldSupreme Court of the United States · 1884
- Town of Coloma v. EavesSupreme Court of the United States · 1876
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- County of Warren v. MarcySupreme Court of the United States · 1878
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3Cited by14 opinions
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- City of Dallas v. HalfordCourt of Appeals of Texas · 1919
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