Wylie v. Cotter
Massachusetts Supreme Judicial Court
Contract, upon a promissory note for $5,000, dated at New York, January 28,1892, payable there on demand to the order of “ Geo. W. Wylie & Co.,” signed by “ R. H. Dana & Co.,” and indorsed by the defendant. Accompanying the note was a letter of even date, addressed to the payee, signed by the maker, and reading as follows: “We enclose our note for $5,000, dated Jan. 28,1892, to cover any advances made to us, or to be made from date. Note on demand.”
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Contract, upon a promissory note for $5,000, dated at New York, January 28,1892, payable there on demand to the order of “ Geo. W. Wylie & Co.,” signed by “ R. H. Dana & Co.,” and indorsed by the defendant. Accompanying the note was a letter of even date, addressed to the payee, signed by the maker, and reading as follows: “We enclose our note for $5,000, dated Jan. 28,1892, to cover any advances made to us, or to be made from date. Note on demand.” Trial in the Superior Court, without a jury, before Hammond, J., who found for the defendant; and the plaintiff alleged exceptions. The facts…
1Opinion of the CourtKnowlton, J.
The note in suit was payable in New York, and was made and delivered there. The rights and liabilities of the parties are, therefore, to be determined by the laws of New York. Lawrence v. Bassett, 5 Allen, 140. Woodruff v. Hill, 116 Mass. 310. Jewell v. Wright, 30 N. Y. 259.
By the law of New York, one who puts his name on the back of a note before delivery, as the defendant in this case .did, is a mere indorser, and not a joint maker or guarantor. Like that of any other indorser, his liability does not become absolute until after a proper demand and notice. Hall v. Newcomb, 7 Hill, 416. Meyer…
2Cases cited19 opinions
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Merritt v. . ToddNew York Court of Appeals · 1861
- Pardee v. . FishNew York Court of Appeals · 1875
- Jewell v. . WrightNew York Court of Appeals · 1864
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- Electric Welding Co. v. PrinceMassachusetts Supreme Judicial Court · 1909
- Lennon v. CohenMassachusetts Supreme Judicial Court · 1928
- Seemann v. EneixMassachusetts Supreme Judicial Court · 1930
- Bangs v. FarrMassachusetts Supreme Judicial Court · 1911
11 more not listed; retrieve them via the Exa API.