Bank of Newbury v. Baldwin
U.S. Circuit Court for the District of Massachusetts
At law. This case was in some respects similar to the preceding, [Hale v. Baldwin, Case No. 5,913,] being an action of assumpsit upon a promissory note signed by James W. Baldwin. The note was in the following terms:— “$3,500. Five months after date I promise to pay to the order of O. C. Hale, Esq., cashier, thirty-five hundred dollars at either bank in Boston, value received.”
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At law. This case was in some respects similar to the preceding, [Hale v. Baldwin, Case No. 5,913,] being an action of assumpsit upon a promissory note signed by James W. Baldwin. The note was in the following terms:— “$3,500. Five months after date I promise to pay to the order of O. C. Hale, Esq., cashier, thirty-five hundred dollars at either bank in Boston, value received.” The plaintiff bank was a corporation of Vermont, arid the defendant, at the time of making the note and when the suit was brought, was a citizen of Massachusetts. As stated in the previous case, the defendant had,…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Another question, however, is presented in this case which deserves to be very carefully considered. It is insisted by the defendant that, inasmuch as the promise is expressed to O. O. Hale, cashier, without any designation of the plaintiff corporation, that the law applicable to negotiable paper deems the promise to be made to O. C. Hale as the payee of the note, and that no one else can have the legal title without indorsement; and consequently it is immaterial in whom the equitable interest may be. Mere abstract propositions are of little utility in the…
2Cases cited14 opinions
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Medway Cotton Manufactory v. AdamsMassachusetts Supreme Judicial Court · 1813
- Brockway v. AllenNew York Supreme Court · 1837
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Mott v. HicksNew York Supreme Court · 1823
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