Proctor v. Whitcomb
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $2500, dated January 9, 1877, payable four months after date, at the Eliot National Bank of Boston, to the order of the makers, Whitcomb and Thayer, and indorsed by them and by the defendant. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
The plaintiff requested the court to instruct the jury that there was no evidence that the bank sold to the plaintiff absolutely the collateral security, or did anything more than to .sell to the plaintiff the debt for which it held this security, and the interest of the bank in the collateral security as such. A reference to the previous instruction given by the court shows that what the plaintiff meant, and what he must have been understood to mean, by an absolute sale, was a sale of the note signed by the defendant for $2500, separately from the transfer of the debt which it was intended…
2Cited by2 opinions
- Lonergan v. PeckMassachusetts Supreme Judicial Court · 1884
- Proctor v. WhitcombMassachusetts Supreme Judicial Court · 1884