Commercial Credit Co. v. M. McDonough Co.
Massachusetts Supreme Judicial Court
Contract by the indorsee against the maker of twelve negotiable promissory notes, given in series as part of an agreement for the conditional sale of a motor truck to the defendant by the payee of the notes, one Wayland L. Sturtevant.
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Contract by the indorsee against the maker of twelve negotiable promissory notes, given in series as part of an agreement for the conditional sale of a motor truck to the defendant by the payee of the notes, one Wayland L. Sturtevant. Writ dated February 28, 1919. The defendant’s answer, besides a general denial, was as follows: “And further answering the defendant says that the consideration for the notes on which suit is brought was the sale of a certain automobile truck sold by Sturtevant Motor Company to the defendant; that said truck was represented to be and the vendor agreed that said…
1Opinion of the CourtDe Courcy, J.
The defendant bought a Gramm-Bernstein motor truck from Wayland L. Sturtevant, a Boston dealer, on a conditional sales agreement. The purchase price was $5,936; of which $2,500 was paid in cash, and the balance was payable in monthly instalments of $200 each, represented by promissory notes. Sturtevant indorsed the notes and assigned the sales agreement to the plaintiff, a banking concern which did an extensive business in automobile financing with dealers. The plaintiff, by letter dated September 25, 1917, notified the defendant that it had purchased the notes. The defendant paid those matur*78i…
2Cases cited11 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Hakes v. ThayerMichigan Supreme Court · 1911
- Bailey v. MardenMassachusetts Supreme Judicial Court · 1906
- Citizens Bank & Trust Co. v. LimprightWashington Supreme Court · 1916
- National Bank of Commerce v. ArmbrusterSupreme Court of Oklahoma · 1914
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