Levine v. Cohen
Massachusetts Supreme Judicial Court
Contract on a promissory note for $1,000, dated May 27, 1918, and due September 3, 1918, by an indorsee against an indorser before delivery. Writ in the Municipal Court of the City of Boston dated September 9, 1918. The material evidence at the hearing in the Municipal Court is described in the opinion.
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Contract on a promissory note for $1,000, dated May 27, 1918, and due September 3, 1918, by an indorsee against an indorser before delivery. Writ in the Municipal Court of the City of Boston dated September 9, 1918. The material evidence at the hearing in the Municipal Court is described in the opinion. The defendant requested the judge to rule as follows: “3. As between this plaintiff and his principal Morrison and the defendant, the gasoline tanks being in the ground are a part of the realty. If they are taken away from Marrón by the true owner the consideration for the note fails in so far…
1Opinion of the CourtJenney, J.
In this action, brought in the Municipal Court of the City of Boston upon a negotiable promissory note against one who had indorsed the note before delivery, the judge found without exception that the plaintiff, who was an indorsee for value, took the note subject to all equities between the original parties.
There was evidence tending to prove that the note was given in payment for a garage purchased at auction under a mortgagee’s sale. The report does not show what was included in the sale, or what were its terms. The judge found that there was no failure of consideration, and that the…
2Cases cited4 opinions
- Cohen v. BerkowitzMassachusetts Supreme Judicial Court · 1913
- Horton v. CooleyMassachusetts Supreme Judicial Court · 1883
- Canfield v. CanfieldMassachusetts Supreme Judicial Court · 1873
- Hansen v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1915
3Cited by12 opinions
- Cameron v. BuckleyMassachusetts Supreme Judicial Court · 1938
- Dillon v. Town of FraminghamMassachusetts Supreme Judicial Court · 1934
- London Clothes, Ltd. v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1945
- Martin v. ReisMassachusetts Supreme Judicial Court · 1962
- Haller v. Workingmen's Co-operative BankMassachusetts Supreme Judicial Court · 1928
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