Legal Opinion

Brown v. Butler

Massachusetts Supreme Judicial Court

Decided March 15, 1868PublishedCited by 12 opinions

Contract on a promissory note signed by R. S. Alexander, payable on demand to the order of George Skolfield, and indorsed : “ Pay to Jonathan Brown, Jr. or order. John Rogers, Adm’r Estate of George Skolfield.”

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Contract on a promissory note signed by R. S. Alexander, payable on demand to the order of George Skolfield, and indorsed : “ Pay to Jonathan Brown, Jr. or order. John Rogers, Adm’r Estate of George Skolfield.” “ Butler & Co.” At the trial in the superior court, before Vose, J., the signatures of all the parties were admitted, and the plaintiff offered parol evidence to show “ that the indorsement of the administrator of the payee was put on the back of the note after the name of Butler & Co. was placed there, and after the note had been delivered to the payee for value with the name of…

1Opinion of the CourtHoar, J.

It appears from the bill of exceptions that the *180plaintiff offered paroi evidence to show that George Skolfield was the owner of the promissory note declared on, signed by R. S. Alexander, and payable to the order of George Skolfield on demand; and that the name of Butler & Co. was upon the back of the note when it was passed to the payee for value. It is settled by a long series of decisions in this Commonwealth that this state of facts would make Butler & Co. liable as original promisors upon the note; and that paroi evidence is competent to show it. The earlier cases are collected and…

2Cited by12 opinions

  1. Armstrong v. WannSupreme Court of Minnesota · 1882
  2. Camp v. First National BankSupreme Court of Florida · 1902
  3. Phipps v. HardingCourt of Appeals for the Seventh Circuit · 1895
  4. Rothschild v. GrixMichigan Supreme Court · 1875
  5. Stoddard v. PennimanMassachusetts Supreme Judicial Court · 1871

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