United Beef Co. v. Childs

This is an action upon a promissory note for $5,000, dated November 8, 1935, made by the defendant, payable to the order of the plaintiff at the Webster and Atlas National Bank of Boston on January 21, 1936, and indorsed in blank. A second count upon an account annexed has been waived. The defendant contends that he gave this note for the accommodation of the plaintiff and therefore is not hable to the plaintiff upon it. Leonard v. Woodward, 305 Mass. 332, 334, and cases cited. The plaintiff not only denies that the note could be found to be an accommodation note, but further contends that…