Cape Ann National Bank v. Burns
Massachusetts Supreme Judicial Court
Contract upon the following promissory note: “ Gloucester, Mass., Not. 14, 1878. Four months after date I promise to pay to the order of H. Rosenburg one hundred and seventy-four dollars at Gloucester National Bank, value received. $174. J. J. Burns.” The answer denied that the defendant made the note declared on, and denied that he signed the same.
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Contract upon the following promissory note: “ Gloucester, Mass., Not. 14, 1878. Four months after date I promise to pay to the order of H. Rosenburg one hundred and seventy-four dollars at Gloucester National Bank, value received. $174. J. J. Burns.” The answer denied that the defendant made the note declared on, and denied that he signed the same. At the trial in the Superior Court, before Allen, J., the genuineness of the defendant’s signature was expressly admitted; and the plaintiff produced" the note and rested. The defence relied upon was that the note was fraudulently altered, after…
1Opinion of the CourtGray, C. J.
The defendant’s omission to deny his signature, as required by the St. of 1877, c. 163, while it prevented him from denying the signature, did not prevent him, under the denial in the answer that he made the promissory note declared on, from insisting that the note had been materially altered since he signed it, nor relieve the plaintiff from the burden of proving that the note remained in the same condition as when the signature was affixed. Lincoln v. Lincoln, 12 Gray, 45. Davis v. Travis, 98 Mass. 222. Simpson v. Davis, 119 Mass. 269.
The unauthorized alteration of the note which was…
2Cases cited6 opinions
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Holmes v. TrumperMichigan Supreme Court · 1871
- McGrath v. . ClarkNew York Court of Appeals · 1874
- Simpson v. DavisMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Friedenwald Co. v. WarrenMassachusetts Supreme Judicial Court · 1907
- Mindell v. GoldmanMassachusetts Supreme Judicial Court · 1941
- Conger v. CrabtreeSupreme Court of Iowa · 1893
- City of Fairhaven v. CowgillWashington Supreme Court · 1894
- Bank of Herington v. WangerinSupreme Court of Kansas · 1902