Quimby v. Varnum
Massachusetts Supreme Judicial Court
Contract on two promissory notes made by John M. Varnum, the defendant, payable to the order of John H. Hurley, attorney, one for $250 dated October 10, 1898, payable twelve months after date, and the other for $200 dated April 10, 1899, and payable on May 1, 1899. Writ dated June 27,1904. The answer, among other defences, alleged payment.
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Contract on two promissory notes made by John M. Varnum, the defendant, payable to the order of John H. Hurley, attorney, one for $250 dated October 10, 1898, payable twelve months after date, and the other for $200 dated April 10, 1899, and payable on May 1, 1899. Writ dated June 27,1904. The answer, among other defences, alleged payment. At the trial in the Superior Court before Hardy, J., without a jury, the following facts appeared: Both of the notes sued on were signed on the back in blank by Benjamin Varnum Howe after they had been signed by the defendant and then were delivered by the…
1Opinion of the CourtHammond, J.
The note of October 10, 1898, was given before St. 1898, c. 533, (now embodied in R. L. c. 73,) took effect; and of course the rights of the parties so far as respects that note are to be determined by the law of this Commonwealth as it was before the statute. By that law Howe, although entitled to notice of the dishonor of the note the same as an indorser, was nevertheless a co-maker and joint promisor, and the payment of the note by him extinguished it; and he could not thereafter put it in circulation as against his co-promisor, although in a proper action he could recover of him the…
2Cases cited2 opinions
- Brooks v. StackpoleMassachusetts Supreme Judicial Court · 1897
- National Bank of the Republic v. DelanoMassachusetts Supreme Judicial Court · 1904
3Cited by13 opinions
- Lennon v. CohenMassachusetts Supreme Judicial Court · 1928
- Lipson v. AdelsonMassachusetts Appeals Court · 1983
- Goodman v. GaullMassachusetts Supreme Judicial Court · 1923
- Hoopes v. HoopesIdaho Court of Appeals · 1993
- Daigle v. ChaissonLouisiana Court of Appeal · 1981
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