Tobey v. Ellis
Massachusetts Supreme Judicial Court
Contract upon a promissory note signed by Pratt & Wentworth, and indorsed by the defendant. In the Superior Court, trial by jury was waived, and the case was heard and determined by Brigham, C. J., who found for the plaintiff for $4176.53 damages, and the defendant alleged the following exceptions: “ The defendant indorsed the note declared on, of which the makers were Pratt & Wentworth, who paid to the plaintiff $1250 in part payment of said note.
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Contract upon a promissory note signed by Pratt & Wentworth, and indorsed by the defendant. In the Superior Court, trial by jury was waived, and the case was heard and determined by Brigham, C. J., who found for the plaintiff for $4176.53 damages, and the defendant alleged the following exceptions: “ The defendant indorsed the note declared on, of which the makers were Pratt & Wentworth, who paid to the plaintiff $1250 in part payment of said note. This payment was made under an agreement of composition with their creditors by Pratt & Wentworth, which agreement related to the note declared…
1Opinion of the CourtWells, J.
Upon the statement of the case, we must under stand that the “ agreement of composition with their creditors, by Pratt & Wentworth,” was executed by Pratt & Wentworth.
*121The agreement is not annexed, and its purport is not set out beyond the statement that it was a “ composition.” It is fair to assume that it was such as would have operated as a full discharge not only of Pratt & Wentworth, but of indorsers upon their notes, but for the reservation set forth in the bill of exceptions. That reservation preserved the rights of the creditor against indorsers, and of indorsers against the debtors.…
2Cited by16 opinions
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