Wolfboro Loan & Banking Co. v. Rollins
Massachusetts Supreme Judicial Court
Contract against a surety on a promissory note. Writ in the Municipal Court of the City of Boston dated September 30, 1905. The action originally was brought by James E. French, assignee of the Wolfboro Loan and Banking Company, a corporation organized under the laws of the State of New Hampshire. By an amendment of the writ and declaration allowed in the Municipal Court that corporation itself was substituted as plaintiff.
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Contract against a surety on a promissory note. Writ in the Municipal Court of the City of Boston dated September 30, 1905. The action originally was brought by James E. French, assignee of the Wolfboro Loan and Banking Company, a corporation organized under the laws of the State of New Hampshire. By an amendment of the writ and declaration allowed in the Municipal Court that corporation itself was substituted as plaintiff. The note sued upon was as follows: “ $475.00 Wolfboro, N. H., Oct. 3d, 1899. “ For value received we jointly and severally promise to pay the Wolfboro Loan & Banking Co.…
1Opinion of the CourtKnowlton, C. J.
The plaintiff, a banking corporation established in New Hampshire, is the holder, for a valuable consideration, of the note declared on, signed by the defendant as a surety. Under c. 162 of the Public Statutes of New Hampshire, an assignee of the plaintiff’s property and effects was appointed by the court, who thereby became the holder of the legal title to all this property. In the Matter of the White Mountains Bank, 46 N. H. 143. Hall v. Bracket, 60 N. H. 215.
The first defence set up is that an action cannot be maintained in the name of the plaintiff. This defence is not well founded. Even…
2Cases cited7 opinions
- Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1877
- Wilson v. WelchMassachusetts Supreme Judicial Court · 1892
- Campbell & Zell Co. v. Barr Pumping Engine Co.Massachusetts Supreme Judicial Court · 1902
- Spofford v. NortonMassachusetts Supreme Judicial Court · 1879
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3Cited by3 opinions
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