Ayer v. Hutchins
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note subscribed by the defendants, payable to Philip Page or order, and by him endorsed thus: “ For value received, pay the contents to Richard H. Ayer, I being no way liable as endorser.” Upon non assumpsit pleaded, a trial was had before Thatcher, J., at the last October term in this county.
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Assumpsit on a promissory note subscribed by the defendants, payable to Philip Page or order, and by him endorsed thus: “ For value received, pay the contents to Richard H. Ayer, I being no way liable as endorser.” Upon non assumpsit pleaded, a trial was had before Thatcher, J., at the last October term in this county. After a verdict for the plaintiff, the defendants filed exceptions pursuant to the statute, which being allowed by the judge, the cause was continued to this term for the opinion of the Court. From the exceptions, it appears that, after the note was produce», to the jury, to…
1Opinion of the Court
The cause was submitted to the Court without argument, and their opinion was afterwards delivered by
Parsons, C. J.
The plaintiff declares on a promissory note given by the defendants to one Philip Page, payable to him or his order on demand, and endorsed to the plaintiff. On the general issue, the defendants offered evidence to prove that the note was endorsed to the plaintiff about eight months after it was given, by a special endorsement, purporting that the endorser was not to be liable in any way for the payment; that the endorsement was made without the knowledge of the plaintiff, and for…
2Cases cited3 opinions
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Thurston v. M'KownMassachusetts Supreme Judicial Court · 1810
- Losee v. DunkinNew York Supreme Court · 1810
3Cited by35 opinions
- Fillebrown v. HaywardMassachusetts Supreme Judicial Court · 1906
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Estate of Philpott v. PhilpottSupreme Court of Iowa · 1915
- Brooks v. CooperSupreme Court of New Jersey · 1893
- Continental National Bank v. . TownsendNew York Court of Appeals · 1881
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