Ball v. Allen
Massachusetts Supreme Judicial Court
Assumpsit on a writing in the following words and figures, viz.. The said paper was a common printed check on the Union Bank; the word Union being cancelled. *The declaration contained a special count, as upon a promissory note, subscribed by the defendant, for 100 dollars, payable to No. 100 or bearer, and averring that the plaintiff, for a valuable consideration, became the bearer, that the defendant had notice, and in consideration thereof promised, &c.
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Assumpsit on a writing in the following words and figures, viz.. The said paper was a common printed check on the Union Bank; the word Union being cancelled. *The declaration contained a special count, as upon a promissory note, subscribed by the defendant, for 100 dollars, payable to No. 100 or bearer, and averring that the plaintiff, for a valuable consideration, became the bearer, that the defendant had notice, and in consideration thereof promised, &c. The common money counts were also added. It was agreed by the parties, that the defendant subscribed the said paper; and that, if the…
1Opinion of the CourtParker, C. J.
The paper writing declared on is not a note payable to bearer; for it is in the form of an order, and, not being for value received, does not import, on the face of it, any obligation on the part of the defendant to pay ; nor can it be converted into a promise, on the part of the plaintiff, without some evidence tending to show that such was the intent of the defendant in subscribing it.
In the cases which have been most discussed, it was proved that the party claiming the money had come fairly by the paper, and had paid a valuable consideration for it. In this case, no such evidence exists;…
2Cited by6 opinions
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