Carter v. Goff
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $200, dated June 10r 1884, payable three months after date to the order of the plaintiff, signed by Cyrus S. Haldemail, and indorsed by the defendant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The defendant put his name upon the back of the note before it was delivered to the plaintiff.
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Contract upon a promissory note for $200, dated June 10r 1884, payable three months after date to the order of the plaintiff, signed by Cyrus S. Haldemail, and indorsed by the defendant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The defendant put his name upon the back of the note before it was delivered to the plaintiff. The evidence tended to show that the defendant received no consideration or advantage for his indorsement; and it was not disputed that it was an accommodation indorsement, so far as Haldeman was concerned.…
1Opinion of the CourtC. Allen, J.
The point on which the defendant relied was, that Haldeman was acting as the agent of the plaintiff in procuring the defendant’s name upon the note for the plaintiff’s accommodation. There was no evidence to show such agency. The plaintiff was seeking to collect his debts, in money or in notes which he could use. But there was nothing to show that he was seeking to obtain anybody’s name upon paper for his own accommodation, or that his relations with the defendant were such as to make it probable that he would seek such accommodation from the defendant. The mere fact that he had had one of…
2Cases cited1 opinion
- Brightman v. EddyMassachusetts Supreme Judicial Court · 1867
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- Pollard v. KettererMassachusetts Supreme Judicial Court · 1915
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