Dexter v. Fuller
Massachusetts Supreme Judicial Court
Contract on a promissory note dated June 20, 1912, for $350 payable three months after date to the order of the maker, signed by Allen H. Bearse as maker and indorser and by Samuel A. Fuller, the defendant, as indorser.
Read the full summary
Contract on a promissory note dated June 20, 1912, for $350 payable three months after date to the order of the maker, signed by Allen H. Bearse as maker and indorser and by Samuel A. Fuller, the defendant, as indorser. Writ in the Municipal Court of the City of Boston dated September 28, 1912. On removal to the Superior Court the case was tried before Bell, J. It appeared that the defendant was an accommodation indorser of the note and that the plaintiff paid Bearse $305 for the note. The plaintiff also testified in substance that the transaction was purely a business one; that he was a…
1Opinion of the CourtSheldon, J.
It seems plain to us that upon the evidence the jury were warranted in making the answers that they did to the first five of the questions submitted to them, and that they would have been warranted in finding upon the sixth question that both of the plaintiff’s statements were material inducements in determining the defendant to indorse and deliver the note to the plaintiff. Upon such findings the defendant would have been entitled to a verdict, if it were found also, as it might have been, that these statements of the plaintiff were false and fraudulent and that by means of them the…
2Cases cited5 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Gurney v. TenneyMassachusetts Supreme Judicial Court · 1908
- Andrews v. JacksonMassachusetts Supreme Judicial Court · 1897
- Boles v. MerrillMassachusetts Supreme Judicial Court · 1899
- Whiting v. PriceMassachusetts Supreme Judicial Court · 1897
3Cited by5 opinions
- Commonwealth v. CarverMassachusetts Supreme Judicial Court · 1916
- Lang v. GiraudoMassachusetts Supreme Judicial Court · 1942
- Lamenza v. SheltonSupreme Court of Connecticut · 1921
- Dickinson v. Brotherhood of Locomotive Firemen & EnginemenSupreme Court of Colorado · 1927
- Weiffenbach v. SmithWashington Supreme Court · 1917