Costello v. Crowell
Massachusetts Supreme Judicial Court
Contract upon two promissory notes. The first note was payable to the order of James Costello, the plaintiff's testator, and purported to be signed by Thomas Corey, the defendant’s intestate. The second note was payable to the order of John F. Costello, a nephew of Corey, who indorsed it to James Costello, and purported to be signed by Corey. The defence was that both notes were forgeries.
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Contract upon two promissory notes. The first note was payable to the order of James Costello, the plaintiff's testator, and purported to be signed by Thomas Corey, the defendant’s intestate. The second note was payable to the order of John F. Costello, a nephew of Corey, who indorsed it to James Costello, and purported to be signed by Corey. The defence was that both notes were forgeries. At the trial in the Superior Court, before Gardner, J., the jury returned a verdict for the defendant on the first note, and a verdict for the plaintiff on the second note; and each party alleged…
1Opinion of the CourtW. Allen, J.
1. It does not appear that the court erred in excluding the testimony, offered by the defendant, of the cashier of one bank that Corey could have borrowed money at that bank, or the testimony of the cashier of another bank that its president had instructed him to let Corey have, on his account, whatever money he desired. The question on trial was, whether the signature of Corey to the note was genuine or forged. This evidence was offered to contradict the testimony of Costello, the payee of the note, that Corey was financially embarrassed, and had applied, by letter, to the witness for a loan…
2Cases cited7 opinions
- Adams v. CoulliardMassachusetts Supreme Judicial Court · 1869
- Morrison v. ChapinMassachusetts Supreme Judicial Court · 1867
- Anderson v. EdwardsMassachusetts Supreme Judicial Court · 1877
- Atwood v. ScottMassachusetts Supreme Judicial Court · 1868
- Higgins v. AndrewsMassachusetts Supreme Judicial Court · 1876
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3Cited by35 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- Atlas Shoe Co. v. BloomMassachusetts Supreme Judicial Court · 1911
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