Young v. Hayes
Massachusetts Supreme Judicial Court
Contract in three counts. The first count was against Frederick J. Daggett as the maker of a promissory note for $2,000, dated June 10, 1903, and payable to the order of the plaintiff six months after date at any bank in Boston, "eighty shares of the Canadian Atlantic and Plant Steamship Company Ltd being put up as security.”
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Contract in three counts. The first count was against Frederick J. Daggett as the maker of a promissory note for $2,000, dated June 10, 1903, and payable to the order of the plaintiff six months after date at any bank in Boston, "eighty shares of the Canadian Atlantic and Plant Steamship Company Ltd being put up as security.” The second count was against Alfred S. Hayes as indorser before delivery of the same note.- The third count, which was added by amendment, was against both Daggett and Hayes for $2,000 alleged to have been lent to the defendants on or about June 10, 1903, "upon their…
1Opinion of the CourtBraley, J.
The plaintiff sues to recover under the first count from the defendant Daggett, and under the second count from the defendant Hayes, the amount remaining due on a promissory note signed by them respectively as maker and indorser. By consent the jury returned a verdict for the plaintiff on the first count, and the trial proceeded on the second and third counts. The note having been delivered by the maker some days after the money had been received, and before the defendant indorsed, there was no consideration for the indorsement unless, as the plaintiff contended, the loan was procured for the…
2Cases cited12 opinions
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Byington v. SimpsonMassachusetts Supreme Judicial Court · 1883
- Mullaly v. AustinMassachusetts Supreme Judicial Court · 1867
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3Cited by9 opinions
- Warner v. FullerMassachusetts Supreme Judicial Court · 1923
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- Gardiner v. ParsonsMassachusetts Supreme Judicial Court · 1916
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