Mahoney v. Fitzpatrick
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $300, dated August 12, 1878, signed by the defendants, payable to the order of Sallie McCushing, “ on demand or in three years from this date,” with interest at six per cent “during said term or for such further time as said principal sum or any part thereof shall remain unpaid;” and by McCushing indorsed to the plaintiff.
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Contract upon a promissory note for $300, dated August 12, 1878, signed by the defendants, payable to the order of Sallie McCushing, “ on demand or in three years from this date,” with interest at six per cent “during said term or for such further time as said principal sum or any part thereof shall remain unpaid;” and by McCushing indorsed to the plaintiff. Writ dated August 3, 1880. Trial in the Superior Court, before Pitman, J., who ruled that the action could not be maintained; ordered judgment for the defendants; and reported the case for the determination of this court. If the ruling…
1Opinion of the CourtW. Allen, J.
The question is whether the instrument declared on is a negotiable promissory note, on which an action will lie by the indorsee against the maker before the expiration of three years from its date. The plaintiff does not rely upon it as a note "payable on demand, but contends that it is a promise to pay in three years at all events, and sooner if demand is made by the holder. Assuming this to be the true construction, the question is presented, whether a note payable at a time named therein, or earlier at the option of the holder, shown by a demand made, is negotiable. The objection is, that…
2Cases cited3 opinions
- Stults v. SilvaMassachusetts Supreme Judicial Court · 1875
- Stevens v. BluntMassachusetts Supreme Judicial Court · 1810
- Way v. SmithMassachusetts Supreme Judicial Court · 1873
3Cited by13 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Carroll County Savings Bank v. StrotherSupreme Court of South Carolina · 1888
- Maryland Fertilizing & Manufacturing Co. v. NewmanCourt of Appeals of Maryland · 1883
- First National Bank of Elgin v. RussellTennessee Supreme Court · 1911
- Richards v. BarlowMassachusetts Supreme Judicial Court · 1885
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