Navin v. McCarthy
Massachusetts Supreme Judicial Court
Contract upon five promissory notes, each signed by Pierce L. McCarthy and Mollie A. McCarthy and payable “to the order of ourselves,” the amount of the notes in the aggregate being $13,000. Writ dated September 17, 1918. The defendants in their answer among other defences alleged that they were “husband and wife, and were at the date of the signing of the notes in suit; that the said notes being given by them as husband and wife, payable to the order of themselves and by…
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Contract upon five promissory notes, each signed by Pierce L. McCarthy and Mollie A. McCarthy and payable “to the order of ourselves,” the amount of the notes in the aggregate being $13,000. Writ dated September 17, 1918. The defendants in their answer among other defences alleged that they were “husband and wife, and were at the date of the signing of the notes in suit; that the said notes being given by them as husband and wife, payable to the order of themselves and by them endorsed, are void and of no effect, and the plaintiff cannot recover thereon.” In the Superior Court the action was…
1Opinion of the CourtCrosby, J.
This is an action of contract on five promissory notes made by the defendants, payable to the order of “ourselves” and by them indorsed in blank. The defendants are husband and wife. They severally excepted to the refusal of the presiding judge to direct verdicts in their favor and to give certain rulings requested by them. They contend that they are not liable on the notes in this action because the plaintiff’s title depends upon contracts between them as husband and wife. We are unable to agree with that contention. The notes in question, being made by the defendants and payable to the…
2Cases cited2 opinions
- Leavitt v. WintmanMassachusetts Supreme Judicial Court · 1919
- Stouffer v. CurtisMassachusetts Supreme Judicial Court · 1908
3Cited by1 opinion
- Kaufman v. Federal National BankMassachusetts Supreme Judicial Court · 1934