Conners Bros. v. Sullivan
Massachusetts Supreme Judicial Court
Contract by a corporation having its usual place of business at Lowell against Jennie E. Sullivan and G. Cleveland Sullivan as the joint makers of thirty-four promissory notes and against John J. Gray as the indorser of these notes. Writ dated June 7, 1911. In the Superior Court the case was tried before Pratt, J. The defendants Sullivan were defaulted and the trial proceeded against the defendant Gray as- indorser. The substance of the evidence •is described in the opinion.
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Contract by a corporation having its usual place of business at Lowell against Jennie E. Sullivan and G. Cleveland Sullivan as the joint makers of thirty-four promissory notes and against John J. Gray as the indorser of these notes. Writ dated June 7, 1911. In the Superior Court the case was tried before Pratt, J. The defendants Sullivan were defaulted and the trial proceeded against the defendant Gray as- indorser. The substance of the evidence •is described in the opinion. Thirteen of the notes in suit were dated May 1, 1908, and became payable at various times thereafter, and the remaining…
1Opinion of the CourtBraley, J.
The makers and indorser of the notes having been joined as defendants, it is conceded that as to the makers, who have been defaulted, the plaintiff is a holder for value; and it would not avail the indorser who alone defends, that with the plaintiff’s knowledge he became bound for their accommodation. R. L. c. 73, § 46. Neal v. Wilson, 213 Mass. 336, 337, and cases cited.
While it was unquestioned that, with the accompanying mortgages, the notes were taken by the plaintiff in payment for the transfer of certain personal property to the makers and mortgagors, the evidence as to their business…
2Cases cited11 opinions
- Neal v. WilsonMassachusetts Supreme Judicial Court · 1913
- Sayles v. QuinnMassachusetts Supreme Judicial Court · 1907
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Bird v. DaggettMassachusetts Supreme Judicial Court · 1867
- Hill v. WhiddenMassachusetts Supreme Judicial Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
- Salem Trust Co. v. DeeryMassachusetts Supreme Judicial Court · 1935
- McLellan v. FullerMassachusetts Supreme Judicial Court · 1917
- Leonard v. WoodwardMassachusetts Supreme Judicial Court · 1940
- Doherty v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1916
16 more not listed; retrieve them via the Exa API.