Agawam National Bank v. Downing
Massachusetts Supreme Judicial Court
Contract upon a promissory note, of which the following is a copy: “ $250. Enfield, April 14,1890. Four months after date I promise to pay to the order of Wm. B. Downing two hundred and fifty dollars at the Agawam National Bank, Springfield. For value received. E. B. Downing.” Indorsed, Wm. B. Downing. Trial in the Superior Court, without a jury, before War dwell, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Contract upon a promissory note, of which the following is a copy: “ $250. Enfield, April 14,1890. Four months after date I promise to pay to the order of Wm. B. Downing two hundred and fifty dollars at the Agawam National Bank, Springfield. For value received. E. B. Downing.” Indorsed, Wm. B. Downing. Trial in the Superior Court, without a jury, before War dwell, J., who allowed a bill of exceptions, in substance as follows. The cashier of the plaintiff bank testified that the note was discounted as an original transaction on April 14, 1890, for William B. Downing, who brought it there; that…
1Opinion of the CourtMorton, J.
The defendant is the maker of the note in suit. As between him and William B. Downing, the indorser, it was an accommodation note. But there is nothing to show that this was known to the plaintiff, or that it took the note otherwise than in good faith and for value. Whether the $450 note operated as payment of it was a question of fact, depending on the intention of the parties and the other circumstances surrounding the transaction. Woods v. Woods, 127 Mass. 141. Brigham v. Lally, 130 Mass. 485. Dodge v. Emerson, 131 Mass. 467. Green v. Russell, 132 Mass. 536. Eames v. Cushman, 135 Mass.…
2Cases cited6 opinions
- Cotton v. Atlas National BankMassachusetts Supreme Judicial Court · 1887
- Green v. RussellMassachusetts Supreme Judicial Court · 1882
- Dodge v. EmersonMassachusetts Supreme Judicial Court · 1881
- Brigham v. LallyMassachusetts Supreme Judicial Court · 1881
- Woods v. WoodsMassachusetts Supreme Judicial Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- Kendall v. Equitable Life Assurance SocietyMassachusetts Supreme Judicial Court · 1898
- Dow v. PooreMassachusetts Supreme Judicial Court · 1930
- First National Bank v. McGowanMassachusetts District Court, Appellate Division · 1936
- Fitzpatrick v. DohertyMassachusetts District Court, Appellate Division · 1940