Costelo v. Crowell
Massachusetts Supreme Judicial Court
Contract on a promissory note for $3000, dated July 31, 1868, signed by Thomas Corey, the defendant’s intestate, payable in five years after date to the order of John F. Costelo, and by him indorsed in blank. On the margin of the face of the note were these words: “ Given as collateral security with agreement.”
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Contract on a promissory note for $3000, dated July 31, 1868, signed by Thomas Corey, the defendant’s intestate, payable in five years after date to the order of John F. Costelo, and by him indorsed in blank. On the margin of the face of the note were these words: “ Given as collateral security with agreement.” Writ dated August 10, 1877. At the trial in the Superior Court, before Allen, J., the defendant asked the judge to rule that the note was not negotiable, and that an action could not be maintained thereon by an indorsee. The judge declined so to rule, and directed a verdict for the…
1Opinion of the CourtLord, J.
Whether, by the general law merchant, the note in suit would be deemed a negotiable note is a question upon which the authorities are by no means uniform. See Brill v. Crick, 1 M. & W. 232; Jury v. Barker, E. B. & E. 459; Williams v. Waring, 10 B. & C. 2; Haussoullier v. Hartsinck, 7 T. R. 733; Wise v. Charlton, 4 A. & E. 786; Fancourt v. Thorne, 9 Q. B. 312; *294Treat v. Cooper, 22 Maine, 203; Arnold v. Rock River Valley Railroad, 5 Duer, 207; Sanders v. Bacon, 8 Johns. 485; Cummings v. Gassett, 19 Vt. 308.
In this Commonwealth, however, it is settled by an uninter* rupted series of decisions,…
2Cases cited8 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Scott v. CommonwealthCourt of Appeals of Kentucky · 1863
- Stults v. SilvaMassachusetts Supreme Judicial Court · 1875
- Arnold v. Rock River Valley Union RailroadThe Superior Court of New York City · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Glidden v. HenryIndiana Supreme Court · 1885
- National Bank of Newbury v. WentworthMassachusetts Supreme Judicial Court · 1914
- Cherry v. SpragueMassachusetts Supreme Judicial Court · 1901
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1883
- American Gas & Ventilating Machine Co v. WoodSupreme Judicial Court of Maine · 1897
31 more not listed; retrieve them via the Exa API.