Wellington v. Jackson
Massachusetts Supreme Judicial Court
Contract against the maker of a promissory note. Answer, 3 denial that the defendant made the note. After the commencement of the action, the defendant filed his petition in the court of bankruptcy and obtained his discharge, which was filed in the case.
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Contract against the maker of a promissory note. Answer, 3 denial that the defendant made the note. After the commencement of the action, the defendant filed his petition in the court of bankruptcy and obtained his discharge, which was filed in the case. His assignee obtained leave to come in and defend, and the plaintiffs prosecuted the action for the purpose of obtaining judgment and execution against the property of the defendant attached in the action, and the as signee defended on behalf of the creditors. Trial in the Supe rior Court, before, Putnam, J., who allowed a bill of exceptions…
1Opinion of the CourtGray, C. J.
Although the signature of Edward H. Jackson was forged, yet if, knowing all the circumstances as to that signature, and intending to be bound by it, he acknowledged the signature and thus assumed the note as his own, it would bind him, just as if it had been originally signed by his authority, even if it did not amount to an estoppel in pais. Greenfield Bank v. Crafts, 4 Allen, 447. Bartlett v. Tucker, 104 Mass. 336, 341. The answer of the jury to the question of the court shows that they found for the plaintiffs upon this ground, and renders immaterial the instructions given or requested…
2Cases cited1 opinion
- Bartlett v. TuckerMassachusetts Supreme Judicial Court · 1870
3Cited by21 opinions
- DiLorenzo v. Atlantic National BankMassachusetts Supreme Judicial Court · 1932
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Wilson v. HayesSupreme Court of Minnesota · 1889
- Metcalf v. WilliamsMassachusetts Supreme Judicial Court · 1887
- Gerry v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1924
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