President of Cabot Bank v. Russell
Massachusetts Supreme Judicial Court
This action was brought by a bank established at Chicopee, against the defendant, as indorser, and also as guarantor of a promissory note for $300, made by Zenas Cook, dated “ Hadley, June 17th 1851,” and payable in ninety days after date to the defendant or order “ at the Holyoke Bank; ” and bearing the following indorsements: “ Levi Russell.” “ N. Hadley, September 22d 1851. I hereby guaranty the payment of the within note. Levi Russell.”
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This action was brought by a bank established at Chicopee, against the defendant, as indorser, and also as guarantor of a promissory note for $300, made by Zenas Cook, dated “ Hadley, June 17th 1851,” and payable in ninety days after date to the defendant or order “ at the Holyoke Bank; ” and bearing the following indorsements: “ Levi Russell.” “ N. Hadley, September 22d 1851. I hereby guaranty the payment of the within note. Levi Russell.” At the trial in the court of common pleas at October term 1853, there being no consideration expressed or proved to support the guaranty, Mellen, J. ruled…
1Opinion of the CourtShaw, C. J.
The first exception is, that the court ruled that the signature of the guaranty was competent evidence from which the jury might draw such inferences, on the point of the genuineness and acknowledgment of the signature, as they might think reasonable. As the admitted act and signature of the defendant, we think it was competent evidence against the defendant; if any instruction was desired, as to its legal effect, it should have been asked for.
The other point is one of great practical importance. It is well settled that, when the indorser lives in a different place from the holder, notice by…
2Cases cited5 opinions
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
- Remer v. DownerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Munn v. BaldwinMassachusetts Supreme Judicial Court · 1810
- Downer v. RemerNew York Supreme Court · 1839