Hills v. Peoples Express, Inc.
Massachusetts Supreme Judicial Court
Contract upon a negotiable promissory note for $800 made by the defendant on December 15, 1917, payable to the order of the plaintiff. Writ dated May 27, 1918. The action was tried in the Superior Court before Cox, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied. The jury found for the plaintiff in the sum of $901.07; and the defendant alleged exceptions.
1Opinion of the CourtCrosby, J.
At the time of the execution and delivery of the note which is the subject of this action the defendant company was carrying on an express business. The plaintiff’s brother, Forrest E. Hills, was the treasurer, manager and a director of the defendant corporation and owned a majority of its stock. The company being in need of funds, he applied to the plaintiff for a loan of $800, which the plaintiff agreed to make, and thereupon Forrest, as treasurer, executed the note in suit and delivered it to the plaintiff, receiving in exchange therefor a promissory note for the sum of $800 payable to the…
2Cases cited3 opinions
- Brown v. HenryMassachusetts Supreme Judicial Court · 1899
- Cauman v. American Credit Indemnity Co.Massachusetts Supreme Judicial Court · 1918
- Lovett, Hart & Phipps Co. v. SullivanMassachusetts Supreme Judicial Court · 1905
3Cited by2 opinions
- Ferran v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Local Trademarks, Inc. v. NerbonneMassachusetts District Court, Appellate Division · 1958