White v. Howland
Massachusetts Supreme Judicial Court
Case upon the following note, viz.: “New Bedford, April 19, 1806. For value received, I promise to pay William, White, or order, the sum of two hundred and fifty dollars on demand, with interest till paid. As witness my hand, Nathan Taber.” On the back of the note was the following endorsement, viz.: “ April 19, 1806. For value received, we, jointly and severally, undertake to pay the money within mentioned to the said William White.”
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Case upon the following note, viz.: “New Bedford, April 19, 1806. For value received, I promise to pay William, White, or order, the sum of two hundred and fifty dollars on demand, with interest till paid. As witness my hand, Nathan Taber.” On the back of the note was the following endorsement, viz.: “ April 19, 1806. For value received, we, jointly and severally, undertake to pay the money within mentioned to the said William White.” “ Signed, John Coggeshall, Jun., John H. Howland.” The declaration contained several counts, one of which was as upon a promissory note signed by the defendant…
1Opinion of the Court
Curia.
It is probable that the parties to this noté contemplated that the note should have been1 made, as the defendant’s *285counsel has suggested. But the case finds that this defendant knew, before he put his name upon it, that it was not so made; and he objected to signing it for that reason. From this it should spem that he was aware that the contract was' not so favorable to him, as if he had merely endorsed a note in the usual mode. The defendant’s counsel objects that there is no count in the declaration, to which the note in evidence can apply. But we are all satisfied that this case is…
2Cases cited5 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Birchard v. BartletMassachusetts Supreme Judicial Court · 1817
- Hodgkins v. BondSuperior Court of New Hampshire · 1818