Buzzell v. Tobin
Massachusetts Supreme Judicial Court
Contract, by one alleged to be the holder in due course of a check signed by the defendant, to recover the amount of the check.
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Contract, by one alleged to be the holder in due course of a check signed by the defendant, to recover the amount of the check. Writ in the Superior Court for the county of Suffolk dated April 24, 1907. At the trial in the Superior Court before Crosby, J., there was evidence tending to- show that the defendant had agreed to purchase two horses of one Leonard, that Leonard brought the horses to the defendant’s place of business, the defendant previously having made out and signed and left on his desk a check payable to Leonard’s order for the purchase price of the horses; that the defendant…
1Opinion of the CourtBraley, J.
If the consideration of the check as between the defendant and the payee was the price of a pair of horses, which might have been found to have been unsound at the time of sale, yet the plaintiff as indorsee, having taken the check for value and in good faith before it was overdue, and without notice of any infirmity or that payment had been stopped at the bank, became a holder in due course with all the rights appertaining to such a title. B. L. c. 73, § 69. Wheeler v. Guild, 20 Pick. 545, 552, 553. Shawmut National Bank v. Manson, 168 Mass. 425. Massachusetts National Bank v. Snow, 187…
2Cases cited3 opinions
- Hill v. HallMassachusetts Supreme Judicial Court · 1906
- Massachusetts National Bank v. SnowMassachusetts Supreme Judicial Court · 1905
- Shawmut National Bank v. MansonMassachusetts Supreme Judicial Court · 1897
3Cited by4 opinions
- City of Erlanger v. BerkemeyerCourt of Appeals for the Sixth Circuit · 1953
- Angus v. DownsWashington Supreme Court · 1915
- Town of Newbern v. National Bank of BarnesvilleCourt of Appeals for the Sixth Circuit · 1916
- C. B. Ensign & Co. v. ForrestMassachusetts Supreme Judicial Court · 1925