Mason v. Massa
Massachusetts Supreme Judicial Court
Contract against a broker to recover back money paid to him for a note of $650, purporting to be signed by E. J. Brown, payable to the order of, and indorsed by, H. Mauthe. At the trial in the Superior Court, before Brigham, C. J., it appeared that the signature of Brown was a forgery, and that the defendant was a note broker and well known to be such by the plaintiff.
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Contract against a broker to recover back money paid to him for a note of $650, purporting to be signed by E. J. Brown, payable to the order of, and indorsed by, H. Mauthe. At the trial in the Superior Court, before Brigham, C. J., it appeared that the signature of Brown was a forgery, and that the defendant was a note broker and well known to be such by the plaintiff. The defendant testified that he received the note from Mauthe with instructions to sell it, and a promise of a commission if such sale was effected; that Mauthe gave him a statement in writing of the consideration of the note,…
1Opinion of the Court
Ames J.
We see nothing open to exception in the instructions given by the presiding judge. There was a conflict of evidence upon the question whether the defendant sold the note apparently as his own, and on his own account, to the plaintiff; or whether, on the other hand, the plaintiff, in buying the note, understood, or as a man of reasonable intelligence ought to have understood, that he was dealing with the defendant as the agent of another person. The evidence that the defendant had declared to a third person that he had bought the note himself was competent as an admission of his…
2Cases cited1 opinion
- Commonwealth v. CarringtonMassachusetts Supreme Judicial Court · 1874
3Cited by11 opinions
- McDonald v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1939
- Produce Exchange Trust Co. v. BieberbachMassachusetts Supreme Judicial Court · 1900
- Charles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Lovejoy v. WhitcombMassachusetts Supreme Judicial Court · 1899
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