Pierce v. Talbot
Massachusetts Supreme Judicial Court
Contract for a balance alleged to be due on the promissory note hereinafter described. Writ dated December 31, 1908. In the writ it was stated that the action was brought by “J. Homer Pierce ... for the benefit and use of Winfield Temple . . . the holder and owner of the note that is the subject matter of this action.” In the Superior Court the case was heard by Raymond, J., upon an agreed statement of facts.
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Contract for a balance alleged to be due on the promissory note hereinafter described. Writ dated December 31, 1908. In the writ it was stated that the action was brought by “J. Homer Pierce ... for the benefit and use of Winfield Temple . . . the holder and owner of the note that is the subject matter of this action.” In the Superior Court the case was heard by Raymond, J., upon an agreed statement of facts. The note was as follows: From the agreed statement of facts it appeared that on September 29, 1904, J. Homer Pierce assigned the mortgage “and indorsed the note” to John L. Stone, who on…
1Opinion of the CourtHammond, J.
This is an action upon a witnessed promissory note, brought in the name of the original payee for the benefit of the holder, more than six years and less than twenty after the cause of action accrued. The sole defense is the statute of limitations (R. L. c. 202, § 1, cl. 3, and § 2), and the only question raised under that defense is whether the facts that the action was brought without the consent or knowledge of the payee and is now carried on against his will are fatal to it.
No discussion is necessary. The ground is covered by previous decisions of this court. The note is not negotiable.…
2Cases cited4 opinions
- Webber v. WebberCourt of Appeals of Kentucky · 1858
- Stults v. SilvaMassachusetts Supreme Judicial Court · 1875
- Troeder v. HyamsMassachusetts Supreme Judicial Court · 1891
- Mosher v. AllenMassachusetts Supreme Judicial Court · 1820
3Cited by10 opinions
- Tornesello v. TisdaleSupreme Judicial Court of Maine · 2008
- McDonald v. HanahanMassachusetts Supreme Judicial Court · 1952
- Stevens v. MulcahyMassachusetts Supreme Judicial Court · 1927
- General Mortgage & Loan Corp. v. DickeyMassachusetts Supreme Judicial Court · 1931
- New Haven Savings Bank v. FollinsDistrict Court, D. Massachusetts · 2006
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