Birchard v. Bartlet
Massachusetts Supreme Judicial Court
This was an action of the case, in which the plaintiff declares on a promissory note, dated September 21, 1807, signed by one Benoni Webb, and payable to one Ebenezer Bartlet, or his order, on the 1st of April, 1803, with interest; and alleges that the defendant afterwards, being the owner of the said note, and being in possession of the same, by his endorsement thereon, acknowledged that he had sold and delivered the said note to the plaintiff, for value received, and…
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This was an action of the case, in which the plaintiff declares on a promissory note, dated September 21, 1807, signed by one Benoni Webb, and payable to one Ebenezer Bartlet, or his order, on the 1st of April, 1803, with interest; and alleges that the defendant afterwards, being the owner of the said note, and being in possession of the same, by his endorsement thereon, acknowledged that he had sold and delivered the said note to the plaintiff, for value received, and promised him that the contents thereof, should be paid to him according to its tenor; and that, if it should not be so paid *…
1Per curiam
This case does not come within any of the decisions which have been made by this Court upon the subject of written contracts. The defendant, whose name is placed on the back of the note, was no party to it; nor does it appear, from the facts agreed, how he became possessed of it.
The note is in its form negotiable; but the payee never negotiated it; at least it does not appear that he endorsed it. The defendant cannot be considered as a surety or original promisor to the plaintiff, because the plaintiff was not the payee of the note. If he can be made liable in any way to the plaintift * it…
2Cases cited2 opinions
- Dean v. HallNew York Supreme Court · 1837
- Ross v. RossCourt of Appeals of Kentucky · 1860
3Cited by10 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Patten v. GleasonMassachusetts Supreme Judicial Court · 1871
- Hodgkins v. BondSuperior Court of New Hampshire · 1818
- Lamos v. SnellSuperior Court of New Hampshire · 1833
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