Stone v. Sargent
Massachusetts Supreme Judicial Court
Bill in equity, filed, in the Superior Court on November 13, 1913, and afterwards amended, against Helen S. Sargent, the Connecticut Mutual Life Insurance Company, and Emery B. Gibbs and Atherton N. Hunt, executors of the will of George E. Williams, alleging in substance that the plaintiff in April, 1909, delivered to Williams as general agent of the defendant company two notes, each for $250, payable to the order of the defendant company in one year from their date, and, to…
Read the full summary
Bill in equity, filed, in the Superior Court on November 13, 1913, and afterwards amended, against Helen S. Sargent, the Connecticut Mutual Life Insurance Company, and Emery B. Gibbs and Atherton N. Hunt, executors of the will of George E. Williams, alleging in substance that the plaintiff in April, 1909, delivered to Williams as general agent of the defendant company two notes, each for $250, payable to the order of the defendant company in one year from their date, and, to secure their payment, an assignment of the plaintiff’s life insurance policy, Williams agreeing with him that the…
1Opinion of the CourtBraley, J.
The plaintiff’s promissory note having been materially altered without his knowledge or assent by Williams, who among other changes erased the name of the payee leaving the space in blank, and raised the amount of the principal five fold, it is unenforceable according to its original tenor unless the defendant Sargent to whom after alteration it was transferred is a holder in due course. R. L. c. 73, § 141. But as the presiding judge has found that when delivered to her agents it was an incomplete instrument he is entitled to a return and cancellation *450of the note. R. L. c. 73, § 31. Andrews…
2Cases cited5 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Tuttle v. First National BankMassachusetts Supreme Judicial Court · 1905
- Green v. Sinker, Davis & Co.Indiana Supreme Court · 1893
- White v. DodgeMassachusetts Supreme Judicial Court · 1905
3Cited by6 opinions
- George v. Coolidge Bank and Trust Co.Massachusetts Supreme Judicial Court · 1971
- Place v. ChaffeeMassachusetts Supreme Judicial Court · 1925
- Sherman v. Connecticut Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1915
- Moore v. VaughnMississippi Supreme Court · 1933
- Cache Valley Commission Co. v. Genter Sales Co.Utah Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.