Enterprise Brewing Co. v. Canning
Massachusetts Supreme Judicial Court
Contract against a married woman as the guarantor of a promissory note made by her husband. Writ dated July 8, 1910. The note sued upon was dated May 11, 1909, and was for the amount of $850, payable four months after date to the order of the plaintiff. It was signed as maker by William H. Canning, the husband of the defendant.
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Contract against a married woman as the guarantor of a promissory note made by her husband. Writ dated July 8, 1910. The note sued upon was dated May 11, 1909, and was for the amount of $850, payable four months after date to the order of the plaintiff. It was signed as maker by William H. Canning, the husband of the defendant. On the back of the note was the following: “ For value received hereby guarantee the payment of the within note and any renewal of same, and hereby waive protest, demand and notice of non-payment thereof. Emily Canning.” In the Superior Court the case was tried before…
1Opinion of the CourtHammond, J.
“ In the absence of any proof to the contrary, the parties to a promissory note are liable on it according to the legal effect of the instrument; that is to say, the maker is liable to the payee and indorsees, the payee to the indorsees, and each indorser to the subsequent indorsees. It may be proved by paroi that the relation of the parties to each other is different from this; for example, that the payee or indorsee was the real principal, or that all the parties were joint principals, or some of *287them joint sureties.” Sweet v. McAllister, 4 Allen, 353, 354. According to this general rule…
2Cases cited1 opinion
- Palmer v. FieldNew York Supreme Court · 1894
3Cited by9 opinions
- Union Trust Co. v. McGintyMassachusetts Supreme Judicial Court · 1912
- Grapes v. WilloughbySupreme Court of Vermont · 1919
- Moriarty v. KingMassachusetts Supreme Judicial Court · 1944
- Hurlbut v. QuigleyCalifornia Supreme Court · 1919
- Shea v. VaheyMassachusetts Supreme Judicial Court · 1913
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