Fourth National Bank v. Mead
Massachusetts Supreme Judicial Court
Two appeals to the Supreme Judicial Court from the report of commissioners appointed under R. L. c. 142, § 2, to receive and examine and report upon claims against the insolvent estate of Edward C. Mead, late of Somerville. The claim of the Fourth National Bank was upon three notes of Mead, Mason and Company, payable to the bank’s order and amounting in all to $26,000. Mead, Mason and Company were a partnership composed of Edward C. Mead and William M. Mason.
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Two appeals to the Supreme Judicial Court from the report of commissioners appointed under R. L. c. 142, § 2, to receive and examine and report upon claims against the insolvent estate of Edward C. Mead, late of Somerville. The claim of the Fourth National Bank was upon three notes of Mead, Mason and Company, payable to the bank’s order and amounting in all to $26,000. Mead, Mason and Company were a partnership composed of Edward C. Mead and William M. Mason. Edward C. Mead wrote upon the back of each note before delivery, “Waiving demand and notice, Edward C. Mead.” The claim of the Winthrop…
1Opinion of the CourtRugg, C. J.
A partnership composed of Edward C. Mead and William M. Mason made, payable to the order of each of the plaintiffs, promissory notes signed with the firm name of Mead, Mason and Company, and each partner indorsed them before, delivery in his individual name. . The point at issue is whether such notes can be proved against both the partnership estate and the estates of the individual partners.
The decision depends upon the meaning of the negotiable instruments act as applied to these facts. Its pertinent provisions are printed below.*
*523The argument is urged that the words in § 81, to the effect…
2Cases cited5 opinions
- Union Trust Co. v. McGintyMassachusetts Supreme Judicial Court · 1912
- United States v. Adams Express Co.Supreme Court of the United States · 1913
- Brooks v. StackpoleMassachusetts Supreme Judicial Court · 1897
- Faneuil Hall National Bank v. MeloonMassachusetts Supreme Judicial Court · 1903
- Roger Williams National Bank v. HallMassachusetts Supreme Judicial Court · 1893
3Cited by12 opinions
- Myers v. International Trust Co.Supreme Court of the United States · 1927
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Dunbar v. Farnum WifeSupreme Court of Vermont · 1937
- La Caisse Populaire Credit Union v. CrossMassachusetts Supreme Judicial Court · 1936
- Goodman v. GaullMassachusetts Supreme Judicial Court · 1923
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