Weeks v. Parsons
Massachusetts Supreme Judicial Court
Contract, by John W. Weeks and John C. Holman. The declaration contained seven counts, each for money paid by the plaintiffs to the defendant’s use in taking up, after maturity, seven promissory notes, upon which the plaintiffs, the defendant, and others were accommodation indorsers, and also an eighth count upon an account annexed, for the same causes of action set forth in the other counts. Answer: 1. A general denial. 2. The statute of frauds.
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Contract, by John W. Weeks and John C. Holman. The declaration contained seven counts, each for money paid by the plaintiffs to the defendant’s use in taking up, after maturity, seven promissory notes, upon which the plaintiffs, the defendant, and others were accommodation indorsers, and also an eighth count upon an account annexed, for the same causes of action set forth in the other counts. Answer: 1. A general denial. 2. The statute of frauds. Trial in the Superior Court, without a jury, before Lilley, J., who reported the case for the determination of this court, in substance as follows.…
1Opinion of the CourtMorton, J.
We see no error in the rulings or refusals to rule. The court found that there was an understanding between the directors that they should indorse the notes for the benefit of the corporation, and that it was intended and understood that the indorsements were to be joint and not several. There was evidence warranting this finding, and it follows from it that the indorsers were as between themselves co-sureties. It was not necessary that there should be a contract in so many words to sign as co-sureties. It was sufficient if it appeared, taking all of the circumstances into account, that that…
2Cases cited2 opinions
- Mansfield v. EdwardsMassachusetts Supreme Judicial Court · 1883
- Mulcare v. WelchMassachusetts Supreme Judicial Court · 1893
3Cited by17 opinions
- Nissenberg v. FellemanMassachusetts Supreme Judicial Court · 1959
- Waters v. WatersSupreme Court of Connecticut · 1930
- Anderson v. BorderMontana Supreme Court · 1926
- Quintin v. MagnantMassachusetts Supreme Judicial Court · 1934
- George v. BaconAppellate Division of the Supreme Court of the State of New York · 1910
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