Middleborough National Bank v. Cole
Massachusetts Supreme Judicial Court
Contract against the indorser of a promissory note. Writ dated June 6,1904. In the Superior Court the case was submitted to Harris, J., upon an agreed statement of facts. The note sued upon was as follows: “ $600. Middleboro, Mass., Jan. 12,1904. “Four months after date we promise to pay to the order of A. B. Cole Six hundred Dollars at the Middleborough National Bank. Value received.
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Contract against the indorser of a promissory note. Writ dated June 6,1904. In the Superior Court the case was submitted to Harris, J., upon an agreed statement of facts. The note sued upon was as follows: “ $600. Middleboro, Mass., Jan. 12,1904. “Four months after date we promise to pay to the order of A. B. Cole Six hundred Dollars at the Middleborough National Bank. Value received. “ Old Homestead Brooder Co., “ A. B. Cole, “ Due May 12. Treas.” [Indorsed upon face of note:] “ Protested for non-payment May 12, 1904. “ A. M. Wood, Notary Public.” [Indorsements:] “A. B. Cole Florence B.…
1Opinion of the CourtKnowlton, C. J.
The note in suit was made by a partnership, of which the defendant’s husband was the business manager, and was payable to the order of her husband. He indorsed it while holding it for the partnership, and procured the indorsement of the defendant, his wife, under his own. He then negotiated it for the partnership to the plaintiff bank. The defendant thus became an accommodation indorser of the note, and by R. L. c. 73, §§ 82, 83, she warranted to the plaintiff, as a holder in due course, that the instrument was genuine, and in all respects what it purported to be; that she had a good title to…
2Cases cited4 opinions
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- Binney v. Globe National BankMassachusetts Supreme Judicial Court · 1890
- National Bank of the Republic v. DelanoMassachusetts Supreme Judicial Court · 1904
- Foster v. LeachMassachusetts Supreme Judicial Court · 1894
3Cited by1 opinion
- Leavitt v. WintmanMassachusetts Supreme Judicial Court · 1919