Roby v. Phelon
Massachusetts Supreme Judicial Court
CONTBACI upon the following promissory note signed by the defendant and indorsed by John M. Phelon: “ Worcester, January 18,1873. Four months after date, I promise to pay to the order of John M. Phelon four hundred and eighty-four dollars, at Central National Bank, value received.”
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CONTBACI upon the following promissory note signed by the defendant and indorsed by John M. Phelon: “ Worcester, January 18,1873. Four months after date, I promise to pay to the order of John M. Phelon four hundred and eighty-four dollars, at Central National Bank, value received.” At the trial in the Superior Court, before Dewey, J., the plaintiffs offered evidence that Jennie M. Phelon was indebted, at the time of the making of the note, to the plaintiffs in the sum of $484 for work and materials furnished to her in erecting a house on her land; that John M. Phelon acted as her agent in…
1Opinion of the CourtGray, C. J.
This action is against a married woman upon a promissory note made by her payable to her husband’s order, and by him indorsed to the plaintiffs.
It was argued that, being made payable to his order, it was not a complete promissory note until indorsed by him. That would be true of a note payable to the maker’s own order. Wood v. Mytton, 10 Q. B. 805. Brown v. De Winton, 6 C. B. 336. Pitcher v. Barrows, 17 Pick. 361, 363. Little v. Rogers, 1 Met. 108. But it has long been settled that a bill or note of another person, payable to a man’s order, is payable immediately to him. Anon. Comb. 401.…
2Cases cited2 opinions
- Chapman v. KelloggMassachusetts Supreme Judicial Court · 1869
- Huling v. HuggSupreme Court of Pennsylvania · 1841
3Cited by20 opinions
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Kaufman v. Federal National BankMassachusetts Supreme Judicial Court · 1934
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- National Granite Bank v. TyndaleMassachusetts Supreme Judicial Court · 1900
- Butler v. IvesMassachusetts Supreme Judicial Court · 1885
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