Clark v. Thayer
Massachusetts Supreme Judicial Court
Appeal from the decision of commissioners appointed by the probate court to receive and examine all claims of creditors against the insolvent estate of Warren Hunt, deceased, allowing the claim of James W. Clark as holder of a promissory note made by the deceased and dated May 15, 1867, for $2000 payable five months after date to the order of Francis W. Hunt, and by him indorsed in blank. Trial before Morton, J., who reported the case.
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Appeal from the decision of commissioners appointed by the probate court to receive and examine all claims of creditors against the insolvent estate of Warren Hunt, deceased, allowing the claim of James W. Clark as holder of a promissory note made by the deceased and dated May 15, 1867, for $2000 payable five months after date to the order of Francis W. Hunt, and by him indorsed in blank. Trial before Morton, J., who reported the case. The material parts of the report were as follows: “ At the trial, the original note was produced, duly stamped, and the signatures of Warren Hunt as maker, and…
1Opinion of the CourtWells, J.
The plaintiff became the bond fide holder of this note, for value, before its maturity. He was informed of the previous decease of the maker, Warren Hunt. But it does not appear that he had notice of the fact that it was an accommodation note. We do not think there is any ground for the argument that he is chargeable with implied notice; or that notice may be inferred from the circumstances of the transaction. The defendants did not seek to go to the jury upon that question; and it does not appear that the point was raised at the trial. The defendants claimed that the death of Warren Hunt,…
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