Wilder v. Cowles
Massachusetts Supreme Judicial Court
Contract on a warranty of the genuineness of an indorsement purporting to have been made by Jacob W. Pierce upon a promissory note signed by William H. Lane, dated February 10, 1867, for $2500, payable to Pierce’s order in four months, and sold by the defendant to the plaintiff on February 27. Writ dated June 14,1867. At the trial in the superior court, before Reed, J., it appeared that the defendant sold the note to the plaintiff, and that Pierce had never indorsed the…
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Contract on a warranty of the genuineness of an indorsement purporting to have been made by Jacob W. Pierce upon a promissory note signed by William H. Lane, dated February 10, 1867, for $2500, payable to Pierce’s order in four months, and sold by the defendant to the plaintiff on February 27. Writ dated June 14,1867. At the trial in the superior court, before Reed, J., it appeared that the defendant sold the note to the plaintiff, and that Pierce had never indorsed the note, but that the indorsement of his name was a forgery. The defendant contended that he was a broker and agent of Lane in…
1Opinion of the CourtWells, J.
The plaintiff introduced evidence of the sale of a a note to him by the defendant, under .such circumstances as would raise an implied warranty of title and genuineness of the indorsement. This made a primé facie case in his favor, upon which, in the absence of controlling evidence in defence, he was entitled to recover. The defendant offered evidence tending to show that, in negotiating the sale of the note, he acted merely as agent of the1 maker, Lane; and that that relation was disclosed to or known by the plaintiff at the time of the transaction. The forgery of the indorsement appears to…
2Cases cited1 opinion
- Gay v. BatesMassachusetts Supreme Judicial Court · 1868
3Cited by19 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. ChoateMassachusetts Supreme Judicial Court · 1870
- First National Bank v. FordWyoming Supreme Court · 1923
- Chandler v. PrinceMassachusetts Supreme Judicial Court · 1914
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