National Bank of Newbury v. Wentworth
Massachusetts Supreme Judicial Court
Two actions of contract between the same parties, each on an alleged negotiable promissory note signed by the defendant as maker in the name “Charles S. Wentworth & Co.,” payable to the order of the Pleasant River Lumber Company and indorsed by that company by its treasurer.
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Two actions of contract between the same parties, each on an alleged negotiable promissory note signed by the defendant as maker in the name “Charles S. Wentworth & Co.,” payable to the order of the Pleasant River Lumber Company and indorsed by that company by its treasurer. Writ in the first case in the Municipal Court of the City of Boston dated October 31, 1910, and writ in the second case in the Superior Court dated May 13,1911. The first case having come to the Superior Court by appeal, the two cases were tried together in that court before Raymond, J., without a jury, upon the report of…
1Opinion of the CourtBraley, J.
We assume, as the counsel for the respective parties have assumed at the argument and in their briefs, that the promissory notes in suit were delivered to the payee in this Commonwealth and are governed by our negotiable instruments act found in the R. L. c. 73. Nashua Savings Bank v. Sayles, 184 Mass. 520, 522. American Malting Co. v. Souther Brewing Co. 194 Mass. 89.
The plaintiff bank is the indorsee, and the presiding judge was warranted upon the evidence in finding, that it is a holder in due course unless the words “as per terms of contract” written by the defendant on the face of each…
2Cases cited6 opinions
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1879
- Taylor v. CurryMassachusetts Supreme Judicial Court · 1871
- Sloan v. McCartyMassachusetts Supreme Judicial Court · 1883
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- Hubbard v. Robert B. Wallace Co.Supreme Court of Iowa · 1926
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