South Boston Iron Co. v. Brown
Supreme Judicial Court of Maine
On report. Assumpsit upon a promissory note, defended upon the ground of want, or failure, of consideration. The terms and tenor of the note, and the circumstances under which it was given, appear in the opinion.
Read the full summary
On report. Assumpsit upon a promissory note, defended upon the ground of want, or failure, of consideration. The terms and tenor of the note, and the circumstances under which it was given, appear in the opinion. Though the machine he expected never was delivered to the defendant, so that he never received the anticipated benefit, yet he gave the note to the Irving Bark Extract Co., making it at their request, run to the South Boston Iron Co., (which had no dealings with Brown) and the Extract Co., according to their original intention, as indicated by the very tenor of the note, passed it to…
1Opinion of the CourtBarrows, J.
Where, at the request of the party with whom he deals, one makes his promissory note, which is to be a partial payment for a piece of work to be done for him, payable to a third party, who is a creditor of the party with whom he contracts for the work, and it is credited by the payee to such party, in good faith, the maker cannot set up a failure of consideration as between himself and the party with whom he deals, in defence of .a suit upon such note in the name of the payee.
The governing principle in this case is not distinguishable from that which was laid down in Munroe v. Bordin, 65 E.…
2Cited by3 opinions
- Rea v. McDonaldSupreme Court of Minnesota · 1897
- Greenway v. William D. Orthwein Grain Co.Court of Appeals for the Eighth Circuit · 1898
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904