Chadbourn v. Watts
Massachusetts Supreme Judicial Court
Case by the endorsee against the maker of a promissory note for 500 dollars, dated February 26, 1810, payable on demand to one Seivall Lancaster or his order, and by him endorsed to the plaintiff.
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Case by the endorsee against the maker of a promissory note for 500 dollars, dated February 26, 1810, payable on demand to one Seivall Lancaster or his order, and by him endorsed to the plaintiff. In a statement of facts, upon which the parties submitted the action to the decision of the Court, it was admitted that the note was endorsed to the plaintiff for a valuable consideration, and that he, at the time of the endorsement, was. ignorant of the circumstances under which the note w'as given. These circumstances were as follows : —On the 17th of April, 1806, the defendant, being indebted to…
1Opinion of the CourtSewall, J.
Against a promissory note sued by an endorsee, the *130maker and promisor defends himself by an attempt to prove it a usurious contract; and the defence is urged by his counsel, upon the authority of the case of Lowe & Al. vs. Waller, to be sufficiently maintained by the facts admitted in the case at bar.
In the case cited, the defendant, the accepter of a bill of exchange, defended himself upon proof of a usurious contract, in which the bill originated, and the defence prevailed against the second endorsees, who had paid a valuable consideration for the bill, and received it without any notice of…
2Cases cited6 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Fulton Bank v. BenedictThe Superior Court of New York City · 1829
- Thompson v. WoodbridgeMassachusetts Supreme Judicial Court · 1811
- Edgell v. StanfordSupreme Court of Vermont · 1834
- Dunbar v. WoodSupreme Court of Vermont · 1831
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3Cited by20 opinions
- Gunn Plumbing, Inc. v. Dania BankSupreme Court of Florida · 1971
- Bowen v. Mount Vernon Sav. BankCourt of Appeals for the D.C. Circuit · 1939
- Bailey v. LumpkinSupreme Court of Georgia · 1846
- Clark v. GreySupreme Court of Florida · 1931
- Masterson v. GrubbsSupreme Court of Alabama · 1881
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