Bartlett v. Tucker
Massachusetts Supreme Judicial Court
Contract upon eleven promissory notes, each bearing another name than that of the defendant as maker, but alleged to have been signed by him, payable to the order of the firm of Coe & Company, and by them indorsed.
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Contract upon eleven promissory notes, each bearing another name than that of the defendant as maker, but alleged to have been signed by him, payable to the order of the firm of Coe & Company, and by them indorsed. The first count was as follows : “ And the plaintiff says the defendant made a promissory note, a copy whereof is hereto annexed, payable to the order of Coe & Company, and Coe & Company indorsed the same to the plaintiff; that the defendant signed said note in the name of James H. Stearns; that said James H. Stearns was a fictitious party or name, there being no such person, or no…
1Opinion of the CourtGray, J.
Although the question presented by this case is novel in one of its aspects, the law of this Commonwealth, as established by previous decisions of this court, will go far to assist us in. determining it.
It is well settled that any person taking a negotiable promissory note contracts with those only whose names are signed to it as parties, and cannot therefore maintain an action upon the note against any other person. Bank of British North America v. Hooper, 5 Gray, 567. Williams v. Robbins, 16 Gray, 77. Brown v. Parker, 7 Allen, 337. Tucker Manufacturing Co. v. Fairbanks, 98 Mass. 101,104,…
2Cases cited8 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Heffron v. PollardTexas Supreme Court · 1889
- National Shawmut Bank v. Fidelity Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1945
- Leroy v. Jacobosky.Supreme Court of North Carolina · 1904
- Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
- Hagar v. NortonMassachusetts Supreme Judicial Court · 1905
36 more not listed; retrieve them via the Exa API.