North Avenue Savings Bank v. Hayes
Massachusetts Supreme Judicial Court
Contract by a savings bank against a surety and joint promisor upon a promissory note held by the plaintiff. Writ dated November 11, 1901. In the Superior Court the case was presented upon an agreed statement of facts. That court gave judgment for the plaintiff in the sum of $2,928.39 ; and the defendant appealed.
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Contract by a savings bank against a surety and joint promisor upon a promissory note held by the plaintiff. Writ dated November 11, 1901. In the Superior Court the case was presented upon an agreed statement of facts. That court gave judgment for the plaintiff in the sum of $2,928.39 ; and the defendant appealed. The note sued upon was as follows: “$2500.00. Cambridge, Dec. 10, 1895. For value received we Cornelius Dorr as principal, and Cornelius Dorr & Son and Herbert W. Hayes as sureties, jointly and severally promise to pay to the North Avenue Savings Bank, or order, the sum of…
1Opinion of the CourtBraley, J.
If the defendant as one of the makers of the note was jointly and severally liable for its payment, yet it was open to him by way of defence to prove that between the debtors themselves he was a surety, and as this relation fully appears in the body of the instrument, the plaintiff was charged with notice of the fact. Fitchburg Savings Bank v. Torrey, 134 Mass. 239.
The note is in the ordinary form without any recitals to show that its payment was secured, and when it was delivered originally there does not appear to have been any agreement to which the defendant was a party that security was…
2Cases cited9 opinions
- Bull v. CoeCalifornia Supreme Court · 1888
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1879
- Cambridge Savings Bank v. HydeMassachusetts Supreme Judicial Court · 1881
- Merchants Insurance v. HerberSupreme Court of Minnesota · 1897
- Worcester Mechanics' Savings Bank v. ThayerMassachusetts Supreme Judicial Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Killoren v. HernanMassachusetts Supreme Judicial Court · 1939
- Lewis v. BlumeMassachusetts Supreme Judicial Court · 1917
- Lynn Five Cents Savings Bank v. PortnoyMassachusetts Supreme Judicial Court · 1940
- Bearse v. LebowichMassachusetts Supreme Judicial Court · 1912
- Boston Box Co. v. RosenMassachusetts Supreme Judicial Court · 1926
2 more not listed; retrieve them via the Exa API.