Hinckley v. Union Pacific Railroad
Massachusetts Supreme Judicial Court
Contract in two counts. Writ dated May 13, 1879. The first count was upon the following instrument, declared on as a promissory note: “ The Union Pacific Railroad Company will pay the bearer at its office in the city of Boston on the first day of March, A. D. 1876, forty dollars current money of the United States, or seven pounds British sterling money, at the option of the holder, at the banking-house of Messrs.
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Contract in two counts. Writ dated May 13, 1879. The first count was upon the following instrument, declared on as a promissory note: “ The Union Pacific Railroad Company will pay the bearer at its office in the city of Boston on the first day of March, A. D. 1876, forty dollars current money of the United States, or seven pounds British sterling money, at the option of the holder, at the banking-house of Messrs. Morton, Rose & Co., London, England, being the interest due at that date on its Sinking Fund Bond 5136. E. H. Rollins, Treas.” On the back of this instrument was the figure “ 5.” The…
1Opinion of the CourtLord, J.
There is no doubt that the coupons, of which copies are given in the agreed statement of facts, were properly declared on as promissory notes payable to bearer. Spooner v. Holmes, 102 Mass. 503, 507. It is well settled in' this Commonwealth that, when such a negotiable promissory note is stolen from the holder before it is due, the amount of it may be recovered from the maker in an action at law,.on filing a sufficient bond for his indemnification. Fales v. Russell, 16 Pick. 315. The plaintiff is therefore entitled to recover the amount of the coupon declared on in the first count of his…
2Cases cited2 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Vermilye & Co. v. Adams Express Co.Supreme Court of the United States · 1875
3Cited by13 opinions
- Scollans v. RollinsMassachusetts Supreme Judicial Court · 1901
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Scollans v. E. H. Rollins & SonsMassachusetts Supreme Judicial Court · 1899
- Pratt v. HigginsonMassachusetts Supreme Judicial Court · 1918
- Kothe v. Phoenix Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1929
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