White v. Cushing
Supreme Judicial Court of Maine
On exceptions. This was assumpsit on an order, the terms of which appear in-the head-note. The order was indorsed in blank by the payee and Samuel Lewis. The words "The Bank Book of the depositor must accompany this order” were printed in small capitals on the lower margin of the order, under the signature of J. N. Cushing.
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On exceptions. This was assumpsit on an order, the terms of which appear in-the head-note. The order was indorsed in blank by the payee and Samuel Lewis. The words "The Bank Book of the depositor must accompany this order” were printed in small capitals on the lower margin of the order, under the signature of J. N. Cushing. There was evidence tending to show that plaintiff bought the order of James Lawler, the payee, on or before the 21st day of November, 1893. The defendant asked the court to rule that the order was not negotiable, and an action could not be maintained in the name of White,…
1Opinion of the CourtFoster, J.
The plaintiff sues as indorsee of an order signed by the defendant of the following tenor :
"$120. Dover, Oct. 27th, 1893.
Piscataquis Savings Bank.
"Pay James Lawler, or order, one hundred and twenty dollars, and charge to my account on book No.-
J. N. Cushing.”
" W itness-
"The bank book of the depositor must accompany this order.”
The order was indorsed in blank on the back by James Lawler and Samuel Lewis, and the plaintiff claimed to recover against the defendant as upon a negotiable instrument. The real question presented is whether the instrument declared on is negotiable, so that an action…
2Cases cited2 opinions
- Benedict v. . CowdenNew York Court of Appeals · 1872
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1879
3Cited by6 opinions
- First National Bank v. LightnerSupreme Court of Kansas · 1906
- Barron v. BoyntonSupreme Judicial Court of Maine · 1940
- Coffey v. Day & Night Nat. BankDistrict Court, E.D. Kentucky · 1926
- First National Bank of San Francisco v. GoldenCalifornia Court of Appeal · 1912
- Oldfield's EstateSuperior Court of Pennsylvania · 1919
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