Welch v. Goodwin
Massachusetts Supreme Judicial Court
Conteact for money had and received. The declaration also alleged that the defendant was the holder of a certain promissory note purporting to be signed by the plaintiff, and payable to the order of and indorsed by Abraham Jackson, for the sum of $2000 ; that on July 8,1875, the plaintiff, supposing the note to be genuine, and the signature of the maker upon it to be his own signature, at the request of the defendant and before the note was due, paid the defendant the full…
Read the full summary
Conteact for money had and received. The declaration also alleged that the defendant was the holder of a certain promissory note purporting to be signed by the plaintiff, and payable to the order of and indorsed by Abraham Jackson, for the sum of $2000 ; that on July 8,1875, the plaintiff, supposing the note to be genuine, and the signature of the maker upon it to be his own signature, at the request of the defendant and before the note was due, paid the defendant the full amount of the note, with interest thereon, namely, the sum of $2053 ; that the note was not genuine ; that he never…
1Opinion of the Court
Lord, J
This case differs from that of Carpenter v. Northborough National Bank, ante, 66, in two particulars only. The payment was received by the defendant in this case as the agent of another party. The instructions of the presiding judge on that subject were correct. One who acts as the agent of an undisclosed principal may be treated as principal by the party with whom he deals.
The other particular, in which the case differs from that of Carpenter v. Northborough National Bank, is that the forgery, by means of which Jackson accomplished the fraud, was that of the name of the plaintiff…
2Cases cited1 opinion
- National Bank of North America v. BangsMassachusetts Supreme Judicial Court · 1871
3Cited by25 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Patrick v. BowmanSupreme Court of the United States · 1893
- Merchants' Insurance Co. of Providence v. AbbottMassachusetts Supreme Judicial Court · 1881
- Dedham National Bank v. Everett National BankMassachusetts Supreme Judicial Court · 1901
- Groce v. First National Stores Inc.Massachusetts Supreme Judicial Court · 1929
20 more not listed; retrieve them via the Exa API.