Beacon Trust Co. v. Souther
Massachusetts Supreme Judicial Court
Contract on a promissory note for $15,000 against Joaquin K. Souther, as maker, and the Souther Brewing Company, a corporation, and the members of the firm of J. IC. 'Souther and Sons, as indorsers. Writ dated May 15, 1900. At the trial in the Superior Court before Fessenden, J., the individual defendants admitted their liability, and the defendant corporation defended only on the ground that the alleged indorsement by it was unauthorized and had not been ratified.
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Contract on a promissory note for $15,000 against Joaquin K. Souther, as maker, and the Souther Brewing Company, a corporation, and the members of the firm of J. IC. 'Souther and Sons, as indorsers. Writ dated May 15, 1900. At the trial in the Superior Court before Fessenden, J., the individual defendants admitted their liability, and the defendant corporation defended only on the ground that the alleged indorsement by it was unauthorized and had not been ratified. At the close of the evidence the defendant corporation requested the judge to direct a verdict for it on this ground. The judge…
1Opinion of the CourtBraley, J.
No question of estoppel arises in this case, as the president of the company told the officers of the plaintiff, not only at the time when the original note was discounted but also when the renewal note was, given, that he had no authority to indorse either note in the name of the Souther Brewing Company, and as the plaintiff took the note in each instance with notice that the indorsement'was unauthorized, the circumstances negative any intention to deceive, and also show that the plaintiff held the note with full knowledge of the infirmity of the alleged contract of indorsement. Stiff v.…
2Cases cited12 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
- National Security Bank v. CushmanMassachusetts Supreme Judicial Court · 1877
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3Cited by39 opinions
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Schiller v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Cumberland Glass Manufacturing Co. v. WheatonMassachusetts Supreme Judicial Court · 1911
- C. H. Batchelder & Co. v. BatchelderMassachusetts Supreme Judicial Court · 1914
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