Gilbert v. President of the Nantucket Bank
Massachusetts Supreme Judicial Court
This was also assumpsit on a bank-note which the plaintiffs held as bearers. At the Common Pleas, the general issue was pleaded by the defendants by the name of “ The President and Directors of the Nantucket Bank,” and a verdict was found for the plaintiffs. The defendants moved the Court below in arrest of judgment for divers causes. Failing in their motion, they appealed to this Court, and renewed their motion here, which was submitted without argument.
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This was also assumpsit on a bank-note which the plaintiffs held as bearers. At the Common Pleas, the general issue was pleaded by the defendants by the name of “ The President and Directors of the Nantucket Bank,” and a verdict was found for the plaintiffs. The defendants moved the Court below in arrest of judgment for divers causes. Failing in their motion, they appealed to this Court, and renewed their motion here, which was submitted without argument. The several grounds of the motion will appear in the opinion of the Court, as delivered by
1Opinion of the CourtParsons, C. J.
The defendants move in arrest of judgment for several causes,
1. Because the writ is not endorsed by the plaintiffs’ agent or at torney. — The writ is endorsed, “ Seth Briggs,” without adding the capacity in which he acted; but he would be estopped [ * 98 ] from denying that he * endorsed as the plaintiffs’ agent. Besides, if there was no endorsement, it would be no cause of arresting the judgment. The endorsement is a security for the defendants’ benefit, which he may waive; and unless he make his exception at the first term, he is considered as waiving it (1).
2. Because it does not appear…
2Cases cited2 opinions
- Commonwealth v. Inhabitants of DedhamMassachusetts Supreme Judicial Court · 1819
- Livermore v. BoswellMassachusetts Supreme Judicial Court · 1808
3Cited by18 opinions
- President of the Bank of Utica v. SmalleyNew York Supreme Court · 1824
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- Board of Commissioners v. HuffmanIndiana Supreme Court · 1892
- Commissioners v. Aiken Canning Co.Supreme Court of Georgia · 1905
- Marston v. F. C. Tibbetts Mercantile Co.Supreme Judicial Court of Maine · 1913
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