McGregory v. McGregory
Massachusetts Supreme Judicial Court
Contbact against Ebenezer P. McGregory, Daniel 1ST. Stanton and John C. Stanton. The declaration contained six counts; the first on a promissory note for $70 made by the defendants, payable to the plaintiff or order; the second and third respectively on promissory notes for $500 made by the defendants, payable to Levi Johnson or order, and by him indorsed to the plaintiff; the fourth on a promissory note for $500 made by the defendants, payable to Lot W.- Crane or order, and…
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Contbact against Ebenezer P. McGregory, Daniel 1ST. Stanton and John C. Stanton. The declaration contained six counts; the first on a promissory note for $70 made by the defendants, payable to the plaintiff or order; the second and third respectively on promissory notes for $500 made by the defendants, payable to Levi Johnson or order, and by him indorsed to the plaintiff; the fourth on a promissory note for $500 made by the defendants, payable to Lot W.- Crane or order, and by him indorsed to the plaintiff; (each of these three last counts contained an allegation that the plaintiff was…
1Opinion of the CourtGray, J.
1. No question is made of the plaintiff’s right to recover upon the note set out in the first count of the declaration.
2. As to the notes described in the second, third and fourth counts, the plaintiff, although a guarantor, had the same right as any other person to take them up by paying the amount thereof to the holders and having them indorsed to himself. Pinney v. McGregory, 102 Mass. 186. Those counts state a good title in Mm as indorsee, and the omission to allege that he was also a guarantor is immaterial.
3. Destruction by fire is one mode by wMch property may be lost, and an…
2Cases cited3 opinions
- Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
- Butler v. WrightNew York Supreme Court · 1823
- Savannah National Bank v. HaskinsMassachusetts Supreme Judicial Court · 1869
3Cited by7 opinions
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Cobb v. TirrellMassachusetts Supreme Judicial Court · 1886
- First Nat. Bank of Denver v. WilderCourt of Appeals for the Eighth Circuit · 1900
- Tucker v. TuckerMassachusetts Supreme Judicial Court · 1875
- Bird v. Chicago, Iowa, & Nebraska RailroadMassachusetts Supreme Judicial Court · 1884
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