Bovarnick v. Davis
Massachusetts Supreme Judicial Court
Conteact by an indorser against the maker of a promissory note for $1,000, dated April 12, 1918, payable in ten months from its date to Harry E. Burroughs and bearing a special indorsement by the payee to the order of Samuel H. Burroughs and indorsements in blank by him and by the plaintiff.
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Conteact by an indorser against the maker of a promissory note for $1,000, dated April 12, 1918, payable in ten months from its date to Harry E. Burroughs and bearing a special indorsement by the payee to the order of Samuel H. Burroughs and indorsements in blank by him and by the plaintiff. Writ in the Municipal Court of the City of Boston dated March 17,1919. The defendant’s answer contained, besides a general denial, ■allegations of fraud practised by the payee of the note upon the defendant, the maker, in procuring it. There was no allegation of payment or satisfaction of the note. The…
1Opinion of the CourtJenney, J.
On April 12, 1918, Philip Davis executed and delivered to Harry E. Burroughs his promissory note, complete and regular on its face, and payable on time. The plaintiff took the note in good faith and for value, before its maturity and without notice of any infirmity in the instrument or defect in title of the person negotiating it. The terms of the note negative its previous dishonor. The plaintiff then had the rights of “A holder in due course.” It. L. c. 73, § 69. It is conceded that, before the maturity of the note, it was indorsed by the plaintiff to the Boston Egg Company in payment of…
2Cases cited8 opinions
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
- National Pemberton Bank v. PorterMassachusetts Supreme Judicial Court · 1878
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- Symonds v. RileyMassachusetts Supreme Judicial Court · 1905
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3Cited by6 opinions
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