Wheeler v. Johnson
Massachusetts Supreme Judicial Court
Contract upon a promissory note payable to Henry Dewey or bearer. At the trial in the superior court, before Brigham, J., the plaintiff produced the note in evidence and rested, the making of it being admitted by the defendant.
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Contract upon a promissory note payable to Henry Dewey or bearer. At the trial in the superior court, before Brigham, J., the plaintiff produced the note in evidence and rested, the making of it being admitted by the defendant. The defendant then offered to prove, and the plaintiff admitted, that at the time the plaintiff brought this action he “ obtained ” the note from Clara Twining, executrix of the will of Thomas Twining, deceased, who at the time of his death was administrator de bonis non of the estate of Henry Dewey, deceased; and the defendant further introduced in evidence in his own…
1Opinion of the CourtFoster, J.
The maker of a note payable to bearer cannot defeat an action thereon brought in the name of one who had possession of the note at the commencement of the suit and has continued to hold it ever since, by showing that a third party was the real owner of the note, when it appears that such third party has never objected to the possession of the plaintiff and the suit brought by him, but has expressly consented to and ratified such possession and the prosecution of the action. Beekman v. Wilson, 9 Met. 436.
The application of this principle to the facts of the present case shows that the…
2Cited by4 opinions
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- Spofford v. NortonMassachusetts Supreme Judicial Court · 1879