Burnham v. Windram
Massachusetts Supreme Judicial Court
Two actions OP CONTRACT, upon three promissory notes. In the Superior Court the actions were tried together, before Sheldon, J., who allowed a bill of exceptions, in' substance as follows.
Read the full summary
Two actions OP CONTRACT, upon three promissory notes. In the Superior Court the actions were tried together, before Sheldon, J., who allowed a bill of exceptions, in' substance as follows. The first action was on two promissory notes signed by the defendant, each dated October 24, 1892, and payable thirty days after date to the order of the plaintiff, the first being for $550, and the second for $350. The second action was on the following promissory note signed by the defendant: “ $900.00. Boston, Oct. 24, 1892. Thirty days after date, for value received, I promise to pay to D. S. Burnham,…
1Opinion of the CourtMorton, J.
Upon their face, the three notes constitute separate and distinct causes of action. The plaintiff is the bona fide holder for value of all of them. There can be no question of his right to recover upon the two notes in the first suit. Neither could there be as to the one in the second suit if it were not for the agreement. The condition in the agreement which would have entitled the defendant to a return of the notes and of the stock has not been performed, and the agreement does not, therefore, constitute a defence. The fact that the note in the last suit is described in the agreement as…
2Cases cited5 opinions
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1883
- Vanuxem v. BurrMassachusetts Supreme Judicial Court · 1890
- Savage v. StevensMassachusetts Supreme Judicial Court · 1880
- Royal Bank of Liverpool v. Grand Junction RailroadMassachusetts Supreme Judicial Court · 1868
- Miller's River National Bank v. JeffersonMassachusetts Supreme Judicial Court · 1884
3Cited by8 opinions
- Cote v. New England Navigation Co.Massachusetts Supreme Judicial Court · 1912
- McDade v. MoynihanMassachusetts Supreme Judicial Court · 1953
- Killoren v. HernanMassachusetts Supreme Judicial Court · 1939
- Miller v. LevittMassachusetts Supreme Judicial Court · 1917
- Weiss v. BalabanMassachusetts Supreme Judicial Court · 1944
3 more not listed; retrieve them via the Exa API.