Traders' National Bank v. Rogers
Massachusetts Supreme Judicial Court
Contract, upon a promissory note for $2,500, dated February 2, 1893, payable four months after date to the order of the maker at the plaintiff bank, signed by C. P. Walker, and purporting to be indorsed by the defendant and by H. S. Walker. The answer denied the genuineness of the defendant’s signature. Trial in the Superior Court, without a jury, before Lilley, J., who allowed a bill of exceptions, in substance as follows.
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Contract, upon a promissory note for $2,500, dated February 2, 1893, payable four months after date to the order of the maker at the plaintiff bank, signed by C. P. Walker, and purporting to be indorsed by the defendant and by H. S. Walker. The answer denied the genuineness of the defendant’s signature. Trial in the Superior Court, without a jury, before Lilley, J., who allowed a bill of exceptions, in substance as follows. H. J. Jaquith, called as a witness for the plaintiff, testified that he was president of the plaintiff bank during June, 1893 ; that the note in suit was at that time held…
1Opinion of the CourtAllen, J.
1. The plaintiff contends that, if the defendant, when the note was first shown to him, knew that the indorsement of his name upon it was a forgery, he was bound to inform the plaintiff of this fact, and that his omission to do so amounted of itself to an affirmation of the signature; There was nothing to show that the defendant had received any benefit from the forgery, or that the forger was his agent for any purpose. Under these circumstances, the defendant was not bound, as a matter of legal duty, to repudiate or disclaim at *321once the genuineness of the signature. His failure to do so was…
2Cases cited6 opinions
- Stiff v. AshtonMassachusetts Supreme Judicial Court · 1891
- Wellington v. JacksonMassachusetts Supreme Judicial Court · 1876
- Lincoln v. GayMassachusetts Supreme Judicial Court · 1895
- Harrod v. McDanielsMassachusetts Supreme Judicial Court · 1879
- Fall River National Bank v. BuffintonMassachusetts Supreme Judicial Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Shepard & Morse Lumber Co. v. EldridgeMassachusetts Supreme Judicial Court · 1898
- Williams v. Atlanta National BankCourt of Appeals of Georgia · 1923
- Conway National Bank v. PeaseSupreme Court of New Hampshire · 1912
- Dallinger v. RichardsonMassachusetts Supreme Judicial Court · 1900
- Murphy v. Estate of SkinnerWisconsin Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.