Boylston v. Greene
Massachusetts Supreme Judicial Court
Assumpsit, in which the plaintiff declares, as endorsee, against the defendant, as endorser, of a promissory note made by one John R. Greene, dated April 21st, 1807, payable to the defendant, by him endorsed to one Thomas Lathrop, and by him to the plaintiff, being payable in sixty days from date with grace at the Norwich bank.
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Assumpsit, in which the plaintiff declares, as endorsee, against the defendant, as endorser, of a promissory note made by one John R. Greene, dated April 21st, 1807, payable to the defendant, by him endorsed to one Thomas Lathrop, and by him to the plaintiff, being payable in sixty days from date with grace at the Norwich bank. On the trial of the action upon the general issue before Parker, J., it appeared that the said Lathrop had procured the note, soon after its date, to be discounted at the Norwich bank, and had received therefrom the sum therein expressed ; that at the expiration of the…
1Opinion of the Court
By the Court.
The question in this case is, whether the note declared on continued to be capable of negotiation after it had been paid by Lathrop, the last endorser. In such case there would be no inconvenience in considering the note still negotiable, having been paid by the last endorser, for he has a full and complete right upon the note against the maker and all prior endorsers, and their situation would not be made worse in any respect by their obligation being transferred to another.
But we find the rule laid down generally, that by payment of a bill or promissory note, the contract of…
2Cases cited1 opinion
- Guild v. EagerMassachusetts Supreme Judicial Court · 1822
3Cited by9 opinions
- Wallace v. Branch BankSupreme Court of Alabama · 1840
- Blake v. SewellMassachusetts Supreme Judicial Court · 1799
- Cochran v. WheelerSuperior Court of New Hampshire · 1834
- French v. JarvisSupreme Court of Connecticut · 1860
- Mead v. SmallSupreme Judicial Court of Maine · 1823
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