Boles v. Harding
Massachusetts Supreme Judicial Court
Contract on a check for $20 dated March 16, 1903. Writ in the Municipal Court of the city of Boston dated June 29, 1904. The declaration was as follows: “And now comes the plaintiff and says that on or about the 16th day of March, 1903, that Edgar Harding and William Whitman, doing business as Harding, Whitman and Co., drew a check upon the National Union Bank of Boston, payable to the order of New England Freight Directory for the sum of $20. “ And your plaintiff avers and…
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Contract on a check for $20 dated March 16, 1903. Writ in the Municipal Court of the city of Boston dated June 29, 1904. The declaration was as follows: “And now comes the plaintiff and says that on or about the 16th day of March, 1903, that Edgar Harding and William Whitman, doing business as Harding, Whitman and Co., drew a check upon the National Union Bank of Boston, payable to the order of New England Freight Directory for the sum of $20. “ And your plaintiff avers and says that the said New England Freight Directory indorsed the said check and delivered the same to your plaintiff and…
1Opinion of the CourtBraley, J.
It is sufficiently plain that the defendants issued and delivered the check to an impostor who falsely claimed to represent an association of “ freight handlers ” to which the de*106fendants wished to make a donation. But while not conceded, the undisputed evidence would support a finding that the plaintiff was a holder of the check for a valuable consideration, without notice or knowledge of any facts which would impair its validity. If this were the only defense, it would follow that upon proof of the defendants’ signature he could recover, although between the original parties the check was…
2Cases cited9 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Phillips v. Mercantile National BankNew York Court of Appeals · 1894
- Fillebrown v. HaywardMassachusetts Supreme Judicial Court · 1906
- Robertson v. ColemanMassachusetts Supreme Judicial Court · 1886
- Shaw v. SmithMassachusetts Supreme Judicial Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Robertson Banking Co. v. BrasfieldSupreme Court of Alabama · 1918
- Norton v. City Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1923
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- Levi v. RubinMassachusetts Supreme Judicial Court · 1922
- Lycoming Trust Co. v. AllenSuperior Court of Pennsylvania · 1931
5 more not listed; retrieve them via the Exa API.