Berenson v. Conant
Massachusetts Supreme Judicial Court
Bill ln equity, filed on February 15, 1908, in the nature of a creditor’s bill to reach and apply certain property of the defendant in satisfaction of an alleged claim against the maker of a promissory note payable to Albert C. Jahl and Company, and indorsed in blank by Albert C. Jahl and Company and by Henry Genaske. The case was referred to Franklin T. Hammond, Esquire, as master, for a hearing and a report upon seven issues framed.
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Bill ln equity, filed on February 15, 1908, in the nature of a creditor’s bill to reach and apply certain property of the defendant in satisfaction of an alleged claim against the maker of a promissory note payable to Albert C. Jahl and Company, and indorsed in blank by Albert C. Jahl and Company and by Henry Genaske. The case was referred to Franklin T. Hammond, Esquire, as master, for a hearing and a report upon seven issues framed. These issues were as follows: 1. “Was said note ever effectually delivered? ” 2. “Was said note obtained from the defendant William M. Conant by fraud? ” 3.…
1Opinion of the CourtBraley, J.
The defendant’s promissory note having been obtained and negotiated through the fraud and deceit of the payee, the plaintiff had the burden of satisfying the master that he was a holder for value without notice of any infirmity. Fillebrown v. Hayward, 190 Mass. 472, 481, 482. The history of the note after it left the possession of the defendant shows, that upon indorsement by the payee and one Genaske it was discounted by the Boylston National Bank, and the payee’s account credited with the proceeds. At maturity, the maker having refused payment, Genaske upon notice entered into negotiations…
2Cases cited14 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Fillebrown v. HaywardMassachusetts Supreme Judicial Court · 1906
- Guild v. EagerMassachusetts Supreme Judicial Court · 1822
- National Revere Bank v. MorseMassachusetts Supreme Judicial Court · 1895
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3Cited by6 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Kelly v. GreanyMassachusetts Supreme Judicial Court · 1914
- Sweeney v. Taylor'sCourt of Appeals of Kentucky · 1924
- Bovarnick v. DavisMassachusetts Supreme Judicial Court · 1920
- Barnes v. TaddeoMassachusetts District Court, Appellate Division · 1964
1 more not listed; retrieve them via the Exa API.