Neal v. Scherber
Massachusetts Supreme Judicial Court
Contract, brought by the receiver of the property of the American National Bank against John F. Scherber as the maker and Mary White as the indorser of a promissory note for $250 dated June 27,. 1905, and payable on September 27,1905, to the American National Bank at any bank in Boston.
Read the full summary
Contract, brought by the receiver of the property of the American National Bank against John F. Scherber as the maker and Mary White as the indorser of a promissory note for $250 dated June 27,. 1905, and payable on September 27,1905, to the American National Bank at any bank in Boston. Writ in the Municipal Court of the City of Boston dated March 23, 1907. On appeal to the Superior Court the case was tried- before Crosby, J., who ordered a verdict for the plaintiff; and the defendants alleged exceptions. In the bill of exceptions the first paragraph stating the facts in the case began with…
1Opinion of the CourtSheldon, J.
All the facts necessary to make out the plaintiff’s prima faeie case were conceded at the trial. We must construe the statement of the bill of exceptions that these facts “ appeared from the evidence ” to mean that they were undis puted, or in other words that they were admitted.
That the defendants became parties to the note for the accommodation of Carrie and that this was known to the bank would not affect its right to hold them. As between them and the bank there was ample consideration for their agreement, whatever may have been the case as between them and Carrie. R. L. c. 73, § 46.…
2Cases cited1 opinion
- Lowell v. BickfordMassachusetts Supreme Judicial Court · 1909
3Cited by5 opinions
- Leshefsky v. American EmPloyers' InsuranceMassachusetts Supreme Judicial Court · 1936
- Neal v. WilsonMassachusetts Supreme Judicial Court · 1913
- Albert Steinfeld & Co. v. TewArizona Supreme Court · 1929
- Detore v. Demers Bros.Massachusetts Supreme Judicial Court · 1942
- Spinney v. AllenSupreme Judicial Court of Maine · 1928