Levi v. Rubin
Massachusetts Supreme Judicial Court
Contract against the maker and the indorsers of a negotiable promissory note for $500, made by Massachusetts Iron and Metal Company payable to the Chelsea Iron and Coal Company, and indorsed by the payee, “David M. Rubin, Prop.,” and by “F. Herschman” and Max D. Rubin.
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Contract against the maker and the indorsers of a negotiable promissory note for $500, made by Massachusetts Iron and Metal Company payable to the Chelsea Iron and Coal Company, and indorsed by the payee, “David M. Rubin, Prop.,” and by “F. Herschman” and Max D. Rubin. Writ in the Municipal Court of the City of Boston dated December 21, 1916. On removal to the Superior Court, the action was tried before Sanderson, J. The defence was that the note was forged by David M. Rubin. All the defendants denied the genuineness of their respective signatures. Standards of the signature of the defendant…
1Opinion of the CourtBraley, J.
The answer having specially denied the genuineness of the defendant Herschman’s signature, the plaintiff could not recover unless he introduced evidence which would warrant the jury in finding that the name “F. Hershman,” appearing as an indorser on the promissory note declared on, was affixed by him or by his authority. R. L. c. 173, § 86. True v. Dillon, 138 Mass. 347. Boles v. Harding, 201 Mass. 103, 106. The record recites that “ several genuine signatures of this defendant were admitted and introduced in evidence as standards and submitted to the jury.” The defendant however asked the…
2Cases cited6 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Hart v. BrierleyMassachusetts Supreme Judicial Court · 1905
- Hall v. HuseMassachusetts Supreme Judicial Court · 1813
- Boles v. HardingMassachusetts Supreme Judicial Court · 1909
- Cunningham v. ParksMassachusetts Supreme Judicial Court · 1867
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3Cited by6 opinions
- Commonwealth v. O'ConnellMassachusetts Supreme Judicial Court · 2003
- Hannigan v. Board of Appeals of LowellMassachusetts Supreme Judicial Court · 1952
- Priorelli v. GuidiMassachusetts Supreme Judicial Court · 1925
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1925
- Brockton Credit Union v. Brockton Savings BankMassachusetts Supreme Judicial Court · 1972
1 more not listed; retrieve them via the Exa API.