Regina Flour Mill Co. v. Holmes
Massachusetts Supreme Judicial Court
Contract upon two drafts, the first of which was as follows: “ $544.50. Regina Flour Mill Company. St. Louis, October 18th, 1886. Thirty days after date pay to the order of ourselves (with exchange on New York or St. Louis) five hundred and forty-four AA- dollars. Value received and charge the same to account of Regina Flour Mill Company, per Geo. H. Backer, Secy.
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Contract upon two drafts, the first of which was as follows: “ $544.50. Regina Flour Mill Company. St. Louis, October 18th, 1886. Thirty days after date pay to the order of ourselves (with exchange on New York or St. Louis) five hundred and forty-four AA- dollars. Value received and charge the same to account of Regina Flour Mill Company, per Geo. H. Backer, Secy. To Mr. F. M. Holmes, Boston, Mass., No. 1055.” Indorsed across the face, “ Accepted, F. M. Holmes, Oct. 25, 1886.” Indorsements (erased): “ Pay R. Hospes, Cashier, or order. Regina Flour Mill Co., per Geo. H. Backer, Secy.” “ Pay…
1Opinion of the CourtAllen, J.
There was no evidence which would warrant a finding that either the plaintiff corporation or the German Savings Institution was a resident of Massachusetts.
The fact that the plaintiff made its contracts here, through an agent who was resident here, does not have the effect to make the defendant’s discharge in insolvency good as against the plaintiff. Guernsey v. Wood, 130 Mass. 503.
The Hamilton National Bank took the drafts merely for collection. This appears from the indorsements themselves; and if it did not, the fact might be shown otherwise. No doubt an action might have been maintained…
2Cases cited3 opinions
- Phoenix National Bank of Providence v. BatchellerMassachusetts Supreme Judicial Court · 1890
- Guernsey v. WoodMassachusetts Supreme Judicial Court · 1881
- Spofford v. NortonMassachusetts Supreme Judicial Court · 1879
3Cited by7 opinions
- Olivieri v. AtkinsonMassachusetts Supreme Judicial Court · 1897
- Jump v. LeonMassachusetts Supreme Judicial Court · 1906
- Bergner & Engel Brewing Co. v. DreyfusMassachusetts Supreme Judicial Court · 1898
- Haskell v. AveryMassachusetts Supreme Judicial Court · 1902
- Edgerly v. LawsonMassachusetts Supreme Judicial Court · 1900
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