Legal Opinion

Ware Trust Co. v. Stolgitis

Massachusetts District Court, Appellate Division

Decided July 1, 1952No. 4152Published

1Opinion of the CourtMoore, J.

This is an action of contract on a promissory note by an alleged endorsee against the maker. The defendant’s answer is a general denial; a specific denial that the plaintiff is a holder in due course and a bona-fide purchaser for value; an allegation of fraud; and allegation of illegality of the transaction from which the plaintiff’s claim arises; an allegation of failure of consideration and of knowledge thereof on the part of the plaintiff; a specific denial of the genuineness of the signature and endorsements on the instrument sued upon.

The Court in its report states that the note sued…

2Cases cited3 opinions

  1. Bresnick v. HeathMassachusetts Supreme Judicial Court · 1935
  2. Plimpton v. GoodellMassachusetts Supreme Judicial Court · 1879
  3. Bartlett v. HawleyMassachusetts Supreme Judicial Court · 1876

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