Massey v. Turner
Supreme Court of Delaware
The action below in this case was in the Superior Court for blew Castle county, on a promissory note for $250, drawn and signed in the usual manner, by Thomas Deakyne, May 21st, 1856, and payable ninety days after date to the order of Samuel E. Massey, the plaintiff, and endorsed in blank on the back before the delivery of it to him, by Thomas Turner, the defendant in the action.
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The action below in this case was in the Superior Court for blew Castle county, on a promissory note for $250, drawn and signed in the usual manner, by Thomas Deakyne, May 21st, 1856, and payable ninety days after date to the order of Samuel E. Massey, the plaintiff, and endorsed in blank on the back before the delivery of it to him, by Thomas Turner, the defendant in the action. On the trial of the cáse in the court below, Thomas Deakyne, the maker of the note, was examined as a witness, and proved that he was indebted' at the date of it to Thomas Turner, in a sum over two hundred and fifty…
1Judgment of the CourtHouston, J.
The material facts presented in the case before us are as follows. The promissory note in question was drawn by Deakyne, the formal and sole ostensible maker on the face of it, to the order of Massey the plaintiff, who has himself never endorsed, nor parted with it. After it was thus drawn and signed by Deakyne, it was handed by him to Turner, the defendant, who wrote his name on the back of it, took it and delivered it to Massey and received the money on it from him. It also appears that he not only received the money of Massey on the note for which it was given, but that the loan was first…
2Cases cited3 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Dean v. HallNew York Supreme Court · 1837
- Leonard v. WildesSupreme Judicial Court of Maine · 1853