Ames v. Meriam
Massachusetts Supreme Judicial Court
Contract on the defendants’ check, dated January 2, 1865, on a bank in Boston, for seven hundred dollars, payable “ to J. L. Babson or bearer,” and indorsed “John L. Babson, Vm. P. Dolliver.”
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Contract on the defendants’ check, dated January 2, 1865, on a bank in Boston, for seven hundred dollars, payable “ to J. L. Babson or bearer,” and indorsed “John L. Babson, Vm. P. Dolliver.” At the trial in the superior court, before Russell, J., without a jury, these facts appeared: The defendants made and signed the check and delivered it to Babson on its date, “ with direction to deposit or pass it before January 4, and return the money to he defendants ; ” and there was evidence tending to show that they received no consideration for it. Babson did not deposit it in any bank, but on or…
1Opinion of the Court
Bigelow, C. J
The ru.e that a bill of exchange or promis*296Bory note, taken when it is over due, is subject in the hands of the holder to all the equities attaching to it as between the original parties, or as against the person from whom the holder receives it, does not apply to checks on banks, when they are . taken within a brief period of time after their date. These, although payable on demand, are not treated as being dishonored or over due on the day, or immediately after the day, of their date. A holder, who takes a check in good faith and for value several days after it is drawn,…
2Cases cited1 opinion
- In re BrownU.S. Circuit Court for the District of Massachusetts · 1843
3Cited by11 opinions
- Ahern v. TowleMassachusetts Supreme Judicial Court · 1942
- Johnson v. HarrisonIndiana Supreme Court · 1912
- Universal Supply Co. v. HildrethMassachusetts Supreme Judicial Court · 1934
- Shawmut National Bank v. MansonMassachusetts Supreme Judicial Court · 1897
- First National Bank v. HarrisMassachusetts Supreme Judicial Court · 1871
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