Chaffee v. Jones
Massachusetts Supreme Judicial Court
• Assumpsit for money paid. The action was brought against Israel A. Jones, Eber Jones, and three persons composing the firm of Elijah Owen & Sons. All the defendants, except Eber Jones, were defaulted in the Court of Common Pleas. He brought up the action to this Court, and here pleaded the general issue.
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• Assumpsit for money paid. The action was brought against Israel A. Jones, Eber Jones, and three persons composing the firm of Elijah Owen & Sons. All the defendants, except Eber Jones, were defaulted in the Court of Common Pleas. He brought up the action to this Court, and here pleaded the general issue. At the trial, before Morton J., the plaintiff produced a note, dated February 17th, 1831, as follows : — “ Sixty days after date, for value received, I, Israel A. Joneses principal, and Eber Jones and Elijah Owen St Sons as sureties, jointly and severally, promise to pay the President &c.…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The plaintiff, in the character of indorser, brings his action against all the defendants jointly, on the ground that they are all promisors, and that he, as indorser, having paid the whole note, they are jointly liable to him for the amount. The suit is defended by Eber Jones, and the question is whether he is liable.
A promissory note of this description is rather peculiar to New England, but it has received a construction here. It has been held, that where one not promisee nor indorsee, puts his name on the note, meaning to make himself liable…
2Cases cited10 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1811
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Waters v. WatersSupreme Court of Connecticut · 1930
- Pension Benefit Guaranty Corp. v. Tenn-Ero Corp. (In Re Tenn-Ero Corp.)United States Bankruptcy Court, D. Massachusetts · 1981
- McAdams v. DunsonOhio Court of Appeals · 1915