Legg v. Vinal
Massachusetts Supreme Judicial Court
Contract by Charles E. Legg and Bruce W. Hobbs, copartners as Legg, Hobbs, and Company, against William L. Vinal, J. Benjamin Palmer, and Thomas W. Lawson, upon a promissory note for $3,791.20, dated December 7, 1892, payable in four months after date to the order of the plaintiffs, signed by the defendant Vinal, and indorsed by the other defendants, who were alleged to have written “ their names upon the back of the note before the delivery thereof to the plaintiffs ”; and…
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Contract by Charles E. Legg and Bruce W. Hobbs, copartners as Legg, Hobbs, and Company, against William L. Vinal, J. Benjamin Palmer, and Thomas W. Lawson, upon a promissory note for $3,791.20, dated December 7, 1892, payable in four months after date to the order of the plaintiffs, signed by the defendant Vinal, and indorsed by the other defendants, who were alleged to have written “ their names upon the back of the note before the delivery thereof to the plaintiffs ”; and protested for non-payment. Trial in the Superior Court, without a jury, before Sherman, J., who found for the…
1Opinion of the CourtLathrop, J.
The defendants Palmer and Lawson alone contest their liability on the promissory note declared on.
We assume that the defendants named are co-makers of the note in suit, and that by the Pub. Sts. c. 77, § 15, they have the right “ to notice of non-payment, the same as an indorser.” Mulcare v. Welch, 160 Mass. 58. State Trust Co. v. Owen Paper Co. 162 Mass. 156. The question then arises whether the certificate of the notary was admissible in evidence. By the Pub. Sts. c. 77, § 22, it is provided: “ The protest of a bill of exchange, note, or order, duly certified by a notary public under his…
2Cases cited10 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Sprague v. TysonSupreme Court of Alabama · 1870
- Johnson v. BrownMassachusetts Supreme Judicial Court · 1891
- Mulcare v. WelchMassachusetts Supreme Judicial Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Smith v. DavisCourt of Appeals of Texas · 1970
- Toll v. Monitor Binding & Printing Co.Court of Appeals for the Eighth Circuit · 1928
- Brooks v. StackpoleMassachusetts Supreme Judicial Court · 1897
- National Bank of the Republic v. DelanoMassachusetts Supreme Judicial Court · 1904
- City National Bank v. AdamsMassachusetts Supreme Judicial Court · 1929
6 more not listed; retrieve them via the Exa API.