Lewiston Trust & Safe Deposit Co. v. Shackford
Massachusetts Supreme Judicial Court
Contract on a promissory note for $500 signed by Charles H. Shackford and Ariana M. Shackford, dated March 4, 1904, payable to the Victoria Acetylene Company six months from date, and indorsed in blank by the Victoria Acetylene Company and also by the Victoria Manufacturing Company, a payment of $100 on August 17, 1905, being indorsed thereon.
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Contract on a promissory note for $500 signed by Charles H. Shackford and Ariana M. Shackford, dated March 4, 1904, payable to the Victoria Acetylene Company six months from date, and indorsed in blank by the Victoria Acetylene Company and also by the Victoria Manufacturing Company, a payment of $100 on August 17, 1905, being indorsed thereon. Writ dated June 16, 1910. The answer, besides a general denial, denied that the plaintiff was a holder in due course, and alleged that the note was obtained from the defendants by false and fraudulent representations of the agent of the payee and that…
1Opinion of the CourtSheldon, J.
There was evidence in this case that the plaintiff was a holder in due course. The defendant, however, had the right to show that the note originally given had been obtained from her by fraud of the payee and that her giving of the note sued on in renewal of the original and the succeeding notes had been done under the influence of the same fraud. If this was shown the burden would be upon the plaintiff to prove that it had acquired title to the note in due course, that is, to prove among other things, not only that it had taken the note in good faith and for value, but also that it had no…
2Cases cited5 opinions
- Demelman v. BrazierMassachusetts Supreme Judicial Court · 1908
- Burns v. JonesMassachusetts Supreme Judicial Court · 1912
- Sears v. MooreMassachusetts Supreme Judicial Court · 1898
- Savage v. GoldsmithMassachusetts Supreme Judicial Court · 1902
- Parker v. KelloggMassachusetts Supreme Judicial Court · 1893
3Cited by8 opinions
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
- Granlund v. SarafMassachusetts Supreme Judicial Court · 1928
- Dodge v. BowenMassachusetts Supreme Judicial Court · 1928
- Maryland Finance Corp. v. Peoples Bank of KeyserWest Virginia Supreme Court · 1925
- Levison v. LavalleMassachusetts Supreme Judicial Court · 1922
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