Fletcher v. Sturtevant
Massachusetts Supreme Judicial Court
Contract, by the payee named in two promissory notes against L. J. Sturtevant, who signed as maker, and R M. Sturtevant, who signed the instruments on the back before they were delivered, for a balance due upon the notes. Writ in the Municipal Court of the City of Boston dated January 15, 1918. The defendant L. J. Sturtevant was defaulted.
Read the full summary
Contract, by the payee named in two promissory notes against L. J. Sturtevant, who signed as maker, and R M. Sturtevant, who signed the instruments on the back before they were delivered, for a balance due upon the notes. Writ in the Municipal Court of the City of Boston dated January 15, 1918. The defendant L. J. Sturtevant was defaulted. The action was tried in the Municipal Court against R M. Sturtevant (hereinafter called the defendant). At the close of the evidence, the plaintiff asked for the following rulings: “1. That, if the notes set forth in the plaintiff’s declaration were signed…
1Opinion of the CourtBraley, J.
The two promissory notes in suit, payable on demand, are signed on the face by the defendant L. J. Sturtevant, and on the back by R. M. Sturtevant, who alone defends and to whom reference will be made as the defendant.
It was decided in Union Bank of Weymouth v. Willis, 8 Met. 504, that where, as in the case at bar, the defendant before delivery signs on the back of the note, he is a joint and several maker or promisor, and in Allen v. Brown, 124 Mass. 77, that *252paroi evidence is inadmissible to show that this was not the real contract. But St. 1874, c. 404, Pub. Sts. c. 77, § 15, required…
2Cases cited6 opinions
- Toole v. CraftsMassachusetts Supreme Judicial Court · 1906
- Hatchings v. EdmandsMassachusetts Supreme Judicial Court · 1882
- Fenno v. GayMassachusetts Supreme Judicial Court · 1888
- Brooks v. StackpoleMassachusetts Supreme Judicial Court · 1897
- Allen v. BrownMassachusetts Supreme Judicial Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Abele v. DietzMassachusetts Supreme Judicial Court · 1942
- Credit Service Corp. v. BarkerMassachusetts Supreme Judicial Court · 1941
- Goodman v. GaullMassachusetts Supreme Judicial Court · 1923
- Gloucester Mutual Fishing Insurance v. BoyerMassachusetts Supreme Judicial Court · 1936
- First National Bank v. WolfsonMassachusetts Supreme Judicial Court · 1930
3 more not listed; retrieve them via the Exa API.