Lathrop v. Page
Massachusetts Supreme Judicial Court
Contract by the executor of the will of Lorenzo S. Cragin against the defendant as indorser of a promissory note for $2500, dated August 6, 1875, payable two years after date to the order of the defendant, and signed by Harlan Page. On the back of the note were the following indorsements: “We hereby guarantee the payment of the within noté at maturity, value received, waiving all right of notice and demand. “H. J. Culver. Chas. L. Currier. D. W. Page. C. N. Conkey.
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Contract by the executor of the will of Lorenzo S. Cragin against the defendant as indorser of a promissory note for $2500, dated August 6, 1875, payable two years after date to the order of the defendant, and signed by Harlan Page. On the back of the note were the following indorsements: “We hereby guarantee the payment of the within noté at maturity, value received, waiving all right of notice and demand. “H. J. Culver. Chas. L. Currier. D. W. Page. C. N. Conkey. William W. Page.” “Received of H. J. Culver, C. L. Currier, D. W. Page and C. N. Conkey, Nov. 12, 1877, two thousand and sixty…
1Opinion of the Court
Ames, J
Two grounds of defence are advanced as an answer to the plaintiff’s claim: first, that, by the memorandum indorsed upon the note, the plaintiff had released certain guarantors upon whom the defendant had a right to rely, and that the effect of this transaction was to release the defendant himself; and secondly, that, by the express terms of the indenture which is in the case, the plaintiff had released the defendant from all claims, including this particular one.
As to the first of these defences, even if the plaintiff had acquired any such right, legal or equitable, in the guaranty…
2Cited by6 opinions
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