Stoddard v. Penniman
Massachusetts Supreme Judicial Court
Contract alleging that the defendant made a promissory note payable to the plaintiff by the name of Russell M. Stoddard, or order, and owed the plaintiff the amount thereof and interest. Writ dated November 17, 1869. The copy of the note and its indorsements, annexed to the declaration, was as follows: “ $400. Lawrence, April 1, 1869. “ Two months after date I promise to pay to the order of myself Russell M. Stoddard Four Hundred dollars. Value Received. James W. Hanson.”
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Contract alleging that the defendant made a promissory note payable to the plaintiff by the name of Russell M. Stoddard, or order, and owed the plaintiff the amount thereof and interest. Writ dated November 17, 1869. The copy of the note and its indorsements, annexed to the declaration, was as follows: “ $400. Lawrence, April 1, 1869. “ Two months after date I promise to pay to the order of myself Russell M. Stoddard Four Hundred dollars. Value Received. James W. Hanson.” Indorsed with the successive signatures of John B. Penniman (the defendant), Charles A. Brown, and Russell S. Stoddard…
1Opinion of the CourtColt, J.
The defendant is sued as a joint and several promisor, upon a note payable to the plaintiff. His name is upon the back of the note only, but it was placed there before delivery to the payee, in blank; and upon the note, as it appeared at the trial, produced by the plaintiff, the defendant is chargeable as an *369original promisor, according to the rule that, when a person not a party to a note puts his name upon it before it is delivered as a valid contract, he thereby makes himself an original promisor. Union Bank v. Willis, 8 Met. 504.
The defence here is, that there had been a material…
2Cases cited2 opinions
- Ellis v. BrownNew York Supreme Court · 1849
- Brown v. ButlerMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
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- Horn v. Newton City BankSupreme Court of Kansas · 1884
- Hodge v. Farmers' BankIndiana Court of Appeals · 1893
- Munroe v. StanleyMassachusetts Supreme Judicial Court · 1915
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