Glidden v. Chamberlin
Massachusetts Supreme Judicial Court
Contract, against George B. Chamberlin and Samuel W. Spofford, in two counts. The first count was upon a promissory note for $2,500, dated at New York, February 16,1893, payable in four months after date to the order of James Boys and Company, at a . bank in New York, signed “ Enterprise Mining & Transportation Co., B,obt. J. Boys, Treas.,” and indorsed by the payee and by the defendants.
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Contract, against George B. Chamberlin and Samuel W. Spofford, in two counts. The first count was upon a promissory note for $2,500, dated at New York, February 16,1893, payable in four months after date to the order of James Boys and Company, at a . bank in New York, signed “ Enterprise Mining & Transportation Co., B,obt. J. Boys, Treas.,” and indorsed by the payee and by the defendants. The second count was upon an instrument dated July 8,1893, and signed by the defendants, reciting that, “in consideration of one dollar and other considerations ” to them paid by the plaintiff, the…
1Opinion of the CourtAllen, J.
We will first consider the exceptions taken by the defendant Spofford.
1. The note was rightly admitted in evidence.' The defendant’s indorsement admits the signature and capacity of every prior party. Prescott Bank v. Caverly, 7 Gray, 217. Byles on Bills, (13th ed.) 155. Dan. Neg. Instr. (4th ed.) §§ 669a, 675, 676. This includes the existence and capacity of a firm ; Dalrymple v. Hillenbrand, 62 N. Y. 5; and, by the same reasoning, the existence and capacity of a corporation.
2. The evidence offered as to the law of New York respecting usury was rightly excluded. The contract between the…
2Cases cited23 opinions
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- Slacum v. PomerySupreme Court of the United States · 1810
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- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Lee v. . SelleckNew York Court of Appeals · 1865
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