President of the Union Bank of Weymouth & Braintree v. Willis
Massachusetts Supreme Judicial Court
Assumpsit by the indorsees against the indorser of a promissory note of the following tenor: “ August 8th 1843. For value received, I promise Tilley Willis, to pay him, or order, $350, in four months from date. T. D. Thompson.” On the back was the name of B. L. Mirick & Co., and under that name was the name of the defendant, both indorsements being in blank.
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Assumpsit by the indorsees against the indorser of a promissory note of the following tenor: “ August 8th 1843. For value received, I promise Tilley Willis, to pay him, or order, $350, in four months from date. T. D. Thompson.” On the back was the name of B. L. Mirick & Co., and under that name was the name of the defendant, both indorsements being in blank. At the trial before the chief justice, the plaintiffs’ cashier testified that they discounted the note for Thompson, and that, when it was discounted, the names stood on the note as they now do. There was no evidence that the note was…
1Opinion of the CourtHubbard, J.
It is admitted that the note was not presented for payment to Mi rick & Co.; and the question is, whether the omission to do it discharges the indorser.
If the subject now brought before us were a new one, we should hesitate in giving countenance to such an irregularity, as to hold that any person whose name is written on the back of a note should be chargeable as a promisor. We should say, that a name written on the paper, which name was not that of the payee, nor following his name on his having indorsed it, was either of no validity to bind such individual, because the contract intended to…
2Cases cited8 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Ross v. RossCourt of Appeals of Kentucky · 1860
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