Andrews v. Lyons
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $122.47, dated September 25th 1861, payable to the order of the maker in forty-five days after date, and by him indorsed in blank. The answer alleged that the note was given for intoxicating liquors sold in violation of law, and that the plaintiff was not the owner of it, but that it belonged to the assignee in insolvency of Chamberlain & Waugh.
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Contract upon a promissory note for $122.47, dated September 25th 1861, payable to the order of the maker in forty-five days after date, and by him indorsed in blank. The answer alleged that the note was given for intoxicating liquors sold in violation of law, and that the plaintiff was not the owner of it, but that it belonged to the assignee in insolvency of Chamberlain & Waugh. At the trial in the superior court, before Ames, J., it appeared that the note was given to Chamberlain & Waugh, for intoxicating liquors sold in violation of law; that they went into insolvency in January 1862 ;…
1Opinion of the CourtColt, J.
The possession of a promissory note payable to bearer, or of a note payable to the maker’s order and by him indorsed in blank, which makes it in legal effect a note payable to bearer, is sufficient prima facie evidence of the plaintiff’s title to sue thereon. And the ruling of the court upon this point was correct. Pettee v. Prout, 3 Gray, 502. Way v. Richardson, Ib. 412.
But the defendant requested the court to rule that he was not estopped, upon the evidence produced, from setting up the illegality of the consideration of the note. This request was refused, and such instructions were given…
2Cited by3 opinions
- Anfenson v. BanksSupreme Court of Iowa · 1917
- Sweetman v. RamseyMontana Supreme Court · 1899
- Willis v. CarpenterU.S. Circuit Court for the District of Massachusetts · 1876