Emerson v. Burns
Massachusetts Supreme Judicial Court
Contract to recover the amount of two promissory notes made by the defendant payable to his own order and indorsed in blank. At the trial in the Superior Court, before Brigham, C. J., the signatures of the defendant were admitted, the notes were read in evidence, and the plaintiff "rested his case.
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Contract to recover the amount of two promissory notes made by the defendant payable to his own order and indorsed in blank. At the trial in the Superior Court, before Brigham, C. J., the signatures of the defendant were admitted, the notes were read in evidence, and the plaintiff "rested his case. The defendant’s evidence tended to show that the notes were given by him to the firm of Seth E. Pecker & Co., liquor dealers, in payment for intoxicating liquors sold in violation of the statutes of this Commonwealth. The defendant asked the court to rule “ that if the illegality of the…
1Opinion of the CourtColt, J.
The court ruled in substance that the possession of the note in suit afforded a presumption that the plaintiff took it before maturity for a good consideration, and directed a verdict for the plaintiff. But where original illegality of consideration is shown, the presumption which applies where there is only failure or want of consideration is not sufficient to support the plaintiff’s case. It is well settled that upon proof that a promissory note is founded in illegality or was obtained or put in circulation fraudulently, an indorsee, before he can recover in a suit upon it, must show that…
2Cases cited1 opinion
- National Bank of North America v. KirbyMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Merchants' National Bank v. Haverhill Iron WorksMassachusetts Supreme Judicial Court · 1893
- Merchants National Bank v. Marden, Orth & Hastings Co.Massachusetts Supreme Judicial Court · 1919
- Beacon Trust Co. v. RyderMassachusetts Supreme Judicial Court · 1931
- Holden v. Phœnix Rattan Co.Massachusetts Supreme Judicial Court · 1897