Feigenspan v. McDonnell
Massachusetts Supreme Judicial Court
Conteact on a promissory note against Patrick A. McDonnell as a partner of the firm of Charles S. Gove and Company, by whom the note purported to be indorsed, that firm consisting of the defendant and Patrick J. Flynn, the maker and first indorser of the note, by whom it was negotiated. There also was a second count upon an account annexed for the price of certain casks of ale with a credit item for cash.
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Conteact on a promissory note against Patrick A. McDonnell as a partner of the firm of Charles S. Gove and Company, by whom the note purported to be indorsed, that firm consisting of the defendant and Patrick J. Flynn, the maker and first indorser of the note, by whom it was negotiated. There also was a second count upon an account annexed for the price of certain casks of ale with a credit item for cash. Writ dated May 6, 1904. The note was as follows: “ October 26, 1903. “ Four months after date I promise to pay to the order of myself one thousand dollars at any bank in Boston. “ Value…
1Opinion of the CourtBbaley, J.
The nonjoinder of the defendant’s co-promisor * could be taken advantage of only by an answer in abatement, and was not available as a defense at the trial on the merits. Wilson v. Nevers, 20 Pick. 20, 22. Leonard v. Speidel, 104 Mass. 356, 359.
If the plaintiff proved that he was a holder in due course, and that notice of non-payment had been given to the indorsers, Charles S. Gove and Company, then, under the answer, upon proof of their indorsement as a firm he was entitled to recover the face of the note with interest. R. L. c. 73, §§ 33, 132, cl. 2.
The notarial certificate, to control…
2Cases cited7 opinions
- Fillebrown v. HaywardMassachusetts Supreme Judicial Court · 1906
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
- Rosenthal v. NoveMassachusetts Supreme Judicial Court · 1900
- Leonard v. SpeidelMassachusetts Supreme Judicial Court · 1870
- Stimson v. WhitneyMassachusetts Supreme Judicial Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Rogers v. AbbotMassachusetts Supreme Judicial Court · 1910
- Johnson & Kettell Co. v. Longley Luncheon Co.Massachusetts Supreme Judicial Court · 1910
- Mumford v. CoghlinMassachusetts Supreme Judicial Court · 1924
17 more not listed; retrieve them via the Exa API.