First National Bank v. Babbidge
Massachusetts Supreme Judicial Court
Contract, against Charles Babbidge and Augustine L. Babbidge, upon a promissory note for $5,000, dated March 8, 1892, payable four months after date to the order of the last named defendant and indorsed by him, and signed by the first named defendant. The answer, among other defences, set up want of consideration. Trial in the Superior Court, before Aldrich, J., who reported the case for the determination of this court, in substance as follows.
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Contract, against Charles Babbidge and Augustine L. Babbidge, upon a promissory note for $5,000, dated March 8, 1892, payable four months after date to the order of the last named defendant and indorsed by him, and signed by the first named defendant. The answer, among other defences, set up want of consideration. Trial in the Superior Court, before Aldrich, J., who reported the case for the determination of this court, in substance as follows. It was admitted that the plaintiff bank was a national bank duly established by law, having a place of business at Grafton, in this Commonwealth; that…
1Opinion of the CourtAllen, J.
This case comes up on a report, and although the defendants do not appear to argue the question presented, we have considered it. If Linley alone had acted in discounting the note and in placing the proceeds to his own credit, the bank would be bound by his knowledge of the circumstances under which he had obtained it from the defendants. Atlantic Cotton Mills v. Indian Orchard Mills, 147 Mass. 268. But he did nor act alone. The cashier of the bank was the officer who actually did these things. Linley in this transaction was not the representative of the bank. He was obtaining from the bank…
2Cases cited4 opinions
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Corcoran v. Snow Cattle Co.Massachusetts Supreme Judicial Court · 1890
3Cited by13 opinions
- Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
- Tremont Trust Co. v. NoyesMassachusetts Supreme Judicial Court · 1923
- Indian Head National Bank v. ClarkMassachusetts Supreme Judicial Court · 1896
- National Bank of Commerce v. FeeneySouth Dakota Supreme Court · 1897
- Soscia v. SosciaMassachusetts Supreme Judicial Court · 1941
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