Irish v. Cutter
Supreme Judicial Court of Maine
Assumpsit, transferred from the District Court upon legal questions stated. Irish is the nominal, Severancé is the real, plaintiff. One Farrington signed a negotiable note to Irish, who assigned the same, without indorsement, to Cutter, the defendant.
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Assumpsit, transferred from the District Court upon legal questions stated. Irish is the nominal, Severancé is the real, plaintiff. One Farrington signed a negotiable note to Irish, who assigned the same, without indorsement, to Cutter, the defendant. Cutter afterwards, having written his name and the word “ holden” on the back of the note, sold it, for value, to Abbot, who, afterwards and before the pay-day of the note, sold and assigned it, (without indorsing it,) to Severance, for whose use, without any authority from Irish, this suit is brought. The legal questions presented, are; — 1st.…
1Opinion of the CourtS hurley, C. J.
When a person not a party to it indorses his name in blank upon the back of a negotiable promissory note at the time of making, or subsequently as of that time to give it currency, and before it has been endorsed by the payee, the presumption of law is, that he designed to become an original promisor. Moies v. Bird, 11 Mass. 436; Chaffee v. Jones, 19 Pick. 260; Austin v. Boyd, 24 Pick. 64; Martin v. Bird, 11 N. H. 385; Strong v. Ricker, 16 Verm. 554; Hough v. Gray, 19 Wend. 202.
When such an indorsement is made for a valuable consideration at a subsequent time, the presumption of law is, that…
2Cases cited6 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Hough v. GrayNew York Supreme Court · 1838
- Ulen v. KittredgeMassachusetts Supreme Judicial Court · 1810
- Beckwith v. AngellSupreme Court of Connecticut · 1823
- Jordan v. GarnettSupreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Atkinson v. BennetSupreme Court of Georgia · 1898
- Ives v. McHardAppellate Court of Illinois · 1878
- Columbia Finance & Trust Co. v. PurcellU.S. Circuit Court for the District of Eastern Pennsylvania · 1906
- First Nat. Bank of Worcester v. Lock-Stitch Fence Co.United States Circuit Court · 1885