Grafton National Bank v. Wing
Massachusetts Supreme Judicial Court
Two actions of contract upon promissory notes. The first of the notes in the first case was as follows: “ $2,OOO.ff0-. Grafton, February 1st, 1892. Four months after date we promise- to pay to the order of ourselves two thousand dollars at Grafton National Bank. Value received. Wheeler Cotton Mills, Henry F. Wing, Treas’r.” Indorsements: “ Waiving demand and notice. Wheeler Cotton Mills, Henry F. Wing, Treas. Estate of Joña. D. Wheeler, Henry F. Wing, Executor.”
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Two actions of contract upon promissory notes. The first of the notes in the first case was as follows: “ $2,OOO.ff0-. Grafton, February 1st, 1892. Four months after date we promise- to pay to the order of ourselves two thousand dollars at Grafton National Bank. Value received. Wheeler Cotton Mills, Henry F. Wing, Treas’r.” Indorsements: “ Waiving demand and notice. Wheeler Cotton Mills, Henry F. Wing, Treas. Estate of Joña. D. Wheeler, Henry F. Wing, Executor.” The second note was for $3,000, and was otherwise identical with the first note except that it was dated February 17, 1892. The…
1Opinion of the CourtHolmes, J.
These are two actions of contract against the administrator of the estate of Henry F. Wing, seeking to hold him upon two indorsements made by Henry F. Wing as executor of the will of Jonathan D. Wheeler. The indorsements were in the following form: “ Estate of Joña. D. Wheeler, Henry F. Wing, Executor.”
A majority of the court are of opinion that these words mean “ Estate of Wheeler by Wing,” and therefore that at least they failed to bind Wing by contract. It is quite true that the law does not know the estate of a dead man as a contractor, and that, unless the fact that these indorsements…
2Cases cited2 opinions
- Bartlett v. TuckerMassachusetts Supreme Judicial Court · 1870
- Taylor v. SheltonSupreme Court of Connecticut · 1861
3Cited by12 opinions
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