Smith v. Morrill
Supreme Judicial Court of Maine
On Report from Nisi Prius, Walton, J., presiding. Assumpsit for money paid. The plaintiff introduced three notes, signed by the treasurer of the York and Cumberland Railroad Company, payable to Daniel Hayes, and indorsed by the latter, plaintiff, defendant and others. It was proved that one Williams recovered, at a previous term, several judgments on said notes against the several indorsors, and collected the whole amount of the plaintiff.
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On Report from Nisi Prius, Walton, J., presiding. Assumpsit for money paid. The plaintiff introduced three notes, signed by the treasurer of the York and Cumberland Railroad Company, payable to Daniel Hayes, and indorsed by the latter, plaintiff, defendant and others. It was proved that one Williams recovered, at a previous term, several judgments on said notes against the several indorsors, and collected the whole amount of the plaintiff. The plaintiff claimed to recover of the defendant contribution, upon the ground that the indorsers were joint and not several, and offered to prove that it…
1Opinion of the CourtWaltoN, J.
The indorsement of a note in blank is prima facie evidence of a contract between the indorser and the indorsee, the terms of which are tolerably well defined in law, and generally understood among business men. There are many dicta to the effect that the contract implied in a blank indorsement is to be regarded as a written contract, not to be varied by parol evidence 5 but an examination of adjudged cases will show that this is true only to a limited extent. Prima facie the instrument is presumed to exhibit truly the rights and liabilities of all the parties to it, but this presumption is…
2Cases cited5 opinions
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Herrick v. CarmanNew York Supreme Court · 1813
- Susquehanna Bridge & Bank Co. v. EvansU.S. Circuit Court for the District of Eastern Pennsylvania · 1824
- Smith v. BarberConnecticut Superior Court · 1790
- Talcott v. CogswellConnecticut Superior Court · 1807
3Cited by5 opinions
- Bragdon v. WorthleySupreme Judicial Court of Maine · 1959
- National Newark & Essex Bank v. HartSupreme Judicial Court of Maine · 1973
- Gillespie v. CampbellU.S. Circuit Court for the Northern District of Illnois · 1889
- Montgomery v. PageOregon Supreme Court · 1896
- Goldsmith v. HolmesU.S. Circuit Court for the District of Oregon · 1888