Legal Opinion

Guild v. Eager

Massachusetts Supreme Judicial Court

Decided March 15, 1822PublishedCited by 22 opinions

The plaintiff declares on a promissory note, made by the defendants on the 25th of April, 1818, for 190 dollars, payable to one John Littlefield or his order, in 90 days, with grace, and endorsed by Littlefield to the plaintiff. At the trial upon the general issue before the chief justice, March term, 1821, the making of the note by the defendants, and the endorsement in blank by Littlefield, were admitted.

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The plaintiff declares on a promissory note, made by the defendants on the 25th of April, 1818, for 190 dollars, payable to one John Littlefield or his order, in 90 days, with grace, and endorsed by Littlefield to the plaintiff. At the trial upon the general issue before the chief justice, March term, 1821, the making of the note by the defendants, and the endorsement in blank by Littlefield, were admitted. A witness for the defendants testified that, on the day of the date of the note, he purchased it of Littlefield, who then endorsed it in blank, having received payment for it partly in…

1Opinion of the Court

The cause was argued at the last March term, and being corn *501tinued for advisement, the opinion of the Court was now delivered by

Parker, C. J.

The nonsuit, in this case, was ordered upon the strength of two decisions of this Court, in which *it was settled that, when a negotiable instrument had [ * 619 ] been paid and taken up by any party to it, it ceased to be negotiable; and this, since the decisions referred to, has been taken to be the law in this commonwealth.

The first case alluded to is that of Blake vs. Sewell, a short ac count of which is published in an appendix to the third volume of…

2Cases cited1 opinion

  1. Blake v. SewellMassachusetts Supreme Judicial Court · 1799

3Cited by22 opinions

  1. Shaw v. KnoxMassachusetts Supreme Judicial Court · 1867
  2. Boylston v. GreeneMassachusetts Supreme Judicial Court · 1812
  3. Frevert v. HenryNevada Supreme Court · 1879
  4. Berenson v. ConantMassachusetts Supreme Judicial Court · 1913
  5. Havens v. HuntingtonNew York Supreme Court · 1823

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