Richards v. Barlow
Massachusetts Supreme Judicial Court
Contract, in two counts, against Milton G. Barlow and George Wilson, described as doing business under the firm name of Barlow, Wilson, and Company. The first count was upon the following promissory note: “$4,430.14. Chicago, 111., Dec. 15, 1882. Ninety days after date, for value received, we promise to pay to the order of Jno.
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Contract, in two counts, against Milton G. Barlow and George Wilson, described as doing business under the firm name of Barlow, Wilson, and Company. The first count was upon the following promissory note: “$4,430.14. Chicago, 111., Dec. 15, 1882. Ninety days after date, for value received, we promise to pay to the order of Jno. B. Jeffery four thousand four hundred thirty and fourteen one-hundredths dollars, at the Chicago National Bank, with interest at eight per cent per annum after due until paid. And to secure the payment of said amount we hereby authorize, irrevocably, any attorney of…
1Opinion of the CourtHolmes, J.
In the absence of any evidence to the contrary, we must assume that the question whether the note in suit was negotiable is governed by the common law, as amended or declared by the St. of 3 & 4 Anne, e. 9; see Commonwealth v. Leach, 1 Mass. 59, 61; Goodwin v. Robarts, L. R. 10 Ex. 337, 350; and we must assume that that law is as declared by the Massachusetts decisions. It has been decided in Massachusetts that a note payable at a future day certain, or earlier at the option of the holder, is not negotiable. Mahoney v. Fitzpatrick, 133 Mass. 151. See Stults v. Silva, 119 Mass. 137. The…
2Cases cited5 opinions
- Commonwealth v. LeachMassachusetts Supreme Judicial Court · 1804
- Adam v. ArnoldIllinois Supreme Court · 1877
- Stults v. SilvaMassachusetts Supreme Judicial Court · 1875
- Keith v. KelloggIllinois Supreme Court · 1880
- Mahoney v. FitzpatrickMassachusetts Supreme Judicial Court · 1882
3Cited by18 opinions
- American Mutual Life Insurance v. MasonIndiana Supreme Court · 1902
- Clarke v. PierceMassachusetts Supreme Judicial Court · 1913
- Van Norman v. GordonMassachusetts Supreme Judicial Court · 1899
- McDade v. MoynihanMassachusetts Supreme Judicial Court · 1953
- First National Bank of Elgin v. RussellTennessee Supreme Court · 1911
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