Whitman v. Fournier
Massachusetts Supreme Judicial Court
Contract for the balance due on a promissory note, originally for $400, payable to the “Thos. Howard Co. (not inc.)” at the office of ICnauth, Nachod and Kuhne, bankers, 13 William Street, New York, signed as maker by the defendant and indorsed on the back “Thos. Howard Co., by B,. Howard, Atty.”
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Contract for the balance due on a promissory note, originally for $400, payable to the “Thos. Howard Co. (not inc.)” at the office of ICnauth, Nachod and Kuhne, bankers, 13 William Street, New York, signed as maker by the defendant and indorsed on the back “Thos. Howard Co., by B,. Howard, Atty.” Writ in the Municipal Court of the City of Boston dated January 24, 1914. On removal to the Superior Court the case was tried before Sanderson, J. The course of the trial is described in the opinion. At the close of the evidence, the judge ordered the jury to return a verdict for the plaintiff; and…
1Opinion of the CourtLoring, J.
This is an action on a promissory note signed by the defendant as maker and payable to “Thos. Howard Co. (not inc.).” It purported to be indorsed by “Thos. Howard Co., by R. Howard, Atty.” At the trial the plaintiff put the defendant upon the witness stand and asked him if the signature upon the face of the note was his signature, and he testified that it was. The promissory note then was offered as an exhibit in the case and the plaintiff rested without introducing any evidence of the genuineness of the indorsement.
If the case had stopped there it is plain that the defendant would have been…
2Cases cited1 opinion
- Hunting v. DownerMassachusetts Supreme Judicial Court · 1890
3Cited by5 opinions
- Joseph T. Labelle, George Blanchard v. McCauley Industrial CorporationCourt of Appeals for the First Circuit · 1981
- Levison v. LavalleMassachusetts Supreme Judicial Court · 1922
- VanSyckel v. Egg Harbor Coal & Lumber Co.Supreme Court of New Jersey · 1932
- Rohstein v. SheehanMassachusetts Supreme Judicial Court · 1941
- Canton v. ShafferMassachusetts Supreme Judicial Court · 1925