Lockwood v. Twitchell
Massachusetts Supreme Judicial Court
Contract against George W. Twitchell and John Eliot, as former copartners under the name of George W. Twitchell and Company, on a promissory note payable to the order of the plaintiff, and signed by “ Geo.
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Contract against George W. Twitchell and John Eliot, as former copartners under the name of George W. Twitchell and Company, on a promissory note payable to the order of the plaintiff, and signed by “ Geo. W. Twitchell & Co.” The answer of the defendant Eliot contained a general denial, and set up want of consideration and payment, and concluded as follows: “ And said Eliot further says that he signed said note as surety for his co-defendant, Twitchell; that the plaintiff knew at the time of taking said note that said Eliot was surety for said Twitchell upon said note; that subsequently the…
1Opinion of the CourtMorton, C. J.
This bill of exceptions is brief and obscure. It states that the defendant Eliot “ offered to prove that said Lockwood is suing for the benefit of one Jotham Twitchell, and as his agent or trustee ; that the note in suit was signed by said Eliot in the name of his firm of George W. Twitchell & Co., at the request of said Jotham Twitchell, and to enable him to raise money from said Lockwood, which was done to be given to said *625Jotham Twitchell’s son, the principal defendant, George W. Twitchell, and to be used by the latter for his own private purposes.” We treat the case as if Jotham Twitchell…
2Cited by4 opinions
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