Legal Opinion

Spofford v. Norton

Massachusetts Supreme Judicial Court

Decided May 13, 1879PublishedCited by 9 opinions

Contract on a promissory note for 1100, dated August 11, 1877, signed by the defendant, payable to the order of Jesse Wadleigh, and by him indorsed.

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Contract on a promissory note for 1100, dated August 11, 1877, signed by the defendant, payable to the order of Jesse Wadleigh, and by him indorsed. Trial in the Superior Court, before Brigham, C. J., who, after verdict for the plaintiff, reported the case for the consideration of this court in substance as follows: There was evidence on the part of the defendant that he gave the note in suit in payment of a horse purchased by him in June 1877, of Wadleigh, who was foreman of the stable of S. A. Tuttle, the owner of the horse; that the horse was delivered to and disposed of by the defendant;…

1Opinion of the CourtSoule, J.

It is no ground of defence that the plaintiff has no beneficial interest in the note sued on, and will be bound to account to the real owner for the proceeds of any judgment recovered on it. Little v. Obrien, 9 Mass. 423. Brigham v. Marean, 7 Pick. 40. Fairfield v. Adams, 16 Pick. 381. Beckman v. Wilson, 9 Met. 434. Wheeler v. Johnson, 97 Mass. 39. National Pemberton Bank v. Porter, 125 Mass. 333.

*535The plaintiff sues at the request and for the benefit of Lewis, who purchased the note before maturity and without notice of any of the facts which the defendant contends show that it was…

2Cases cited3 opinions

  1. Little v. ObrienMassachusetts Supreme Judicial Court · 1812
  2. National Pemberton Bank v. PorterMassachusetts Supreme Judicial Court · 1878
  3. Wheeler v. JohnsonMassachusetts Supreme Judicial Court · 1867

3Cited by9 opinions

  1. Lowell v. BickfordMassachusetts Supreme Judicial Court · 1909
  2. Newell v. RosenbergMassachusetts Supreme Judicial Court · 1931
  3. Jump v. LeonMassachusetts Supreme Judicial Court · 1906
  4. New England Trust Co. v. New York Belting & Packing Co.Massachusetts Supreme Judicial Court · 1896
  5. Regina Flour Mill Co. v. HolmesMassachusetts Supreme Judicial Court · 1892

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