Shea v. Vahey
Massachusetts Supreme Judicial Court
Contract, against James H. Vahey (hereinafter called the defendant) and the Plymouth Stove Foundry Company, upon a promissory note of that company payable to its own order and indorsed to the plaintiff by the company, the defendant Vahey, Mary A. Gavin (afterwards Fenton), Thomas J. Gavin and Jennie A. Gavin.
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Contract, against James H. Vahey (hereinafter called the defendant) and the Plymouth Stove Foundry Company, upon a promissory note of that company payable to its own order and indorsed to the plaintiff by the company, the defendant Vahey, Mary A. Gavin (afterwards Fenton), Thomas J. Gavin and Jennie A. Gavin. Writ dated July 10, 1908. In the Superior Court the case was tried before Wait, J. The Plymouth Stove Foundry Company was defaulted and judgment was entered against it under Ride 23 of the Superior Court. It appeared that the note, having been indorsed by all the indorsers in blank, had…
1Opinion of the CourtRugg, C. J.
There was evidence from which it might have been found that the plaintiff was simply the agent of one of the indorsers of the note in taking up the note after maturity and in bringing this action.
The defendant was the first of the four indorsers upon the note. The true relation as between themselves of parties liable on a note may be shown by oral evidence in actions between them to determine their respective obligations. It is only in the absence of proof to the contrary that the law fixes the legal effect of their liability on the instrument in accordance with the order of the signatures.…
2Cases cited2 opinions
- Enterprise Brewing Co. v. CanningMassachusetts Supreme Judicial Court · 1911
- Lewis v. MonahanMassachusetts Supreme Judicial Court · 1899
3Cited by7 opinions
- Aronson v. NurenbergMassachusetts Supreme Judicial Court · 1914
- Moriarty v. KingMassachusetts Supreme Judicial Court · 1944
- Hurlbut v. QuigleyCalifornia Supreme Court · 1919
- Tait v. DowneyMassachusetts Supreme Judicial Court · 1929
- Frew v. ScoularNebraska Supreme Court · 1917
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