Worthington v. Cowles
Massachusetts Supreme Judicial Court
Contract to recover back money paid by the plaintiff to the defendants for a promissory note signed by one Hanson, the indorsement upon which was forged.
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Contract to recover back money paid by the plaintiff to the defendants for a promissory note signed by one Hanson, the indorsement upon which was forged. Trial in the Superior Court, before Lord, J., who, after a verdict for the plaintiff, allowed the defendants’ bill of exceptions, from which it appeared, that the defendants were note brokers, and were known as such by the plaintiff; that they were acting as brokers for Hanson in selling the note, and that they paid him the purchase money, less a commission, before the forgery was discovered. The defendants testified that, during the…
1Opinion of the CourtMorton, J.
This is an action of contract upon the implied warranty of the genuineness of the signature to a note sold by the defendants to the plaintiff. The plaintiff claimed that in the purchase of the note he dealt Solely with the defendants, and upon their credit. The defendants claimed that they were acting as agents of Hanson in the transaction, and that their principal was disclosed to the plaintiff. Upon these points, the evidence was conflicting. The defendants asked the court to rule “ that if the defendants were in fact agents for Hanson, and disclosed their agency to the plaintiff, or the…
2Cases cited1 opinion
- Wilder v. CowlesMassachusetts Supreme Judicial Court · 1868
3Cited by21 opinions
- Patrick v. BowmanSupreme Court of the United States · 1893
- Meyer v. RichardsSupreme Court of the United States · 1896
- United States Shipping Bd. Merchant Fleet Corporation v. HarwoodSupreme Court of the United States · 1930
- Huston v. TylerSupreme Court of Missouri · 1897
- De Remer v. . BrownNew York Court of Appeals · 1901
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