Farnsworth v. Mullen
Massachusetts Supreme Judicial Court
Contract, against James F. Mullen, upon the following promissory note: “ $1,000. Boston, Feb. 2, 1893. Four months after date, I promise to pay to the order of James F. Mullen one thousand dollars, payable at . Value received. L. H. McDermott. [In pencil] 76 Chauncy Street.”
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Contract, against James F. Mullen, upon the following promissory note: “ $1,000. Boston, Feb. 2, 1893. Four months after date, I promise to pay to the order of James F. Mullen one thousand dollars, payable at . Value received. L. H. McDermott. [In pencil] 76 Chauncy Street.” Indorsements: “ James F, Mullen, Theodore Pinkham, Congress Street [in pencil], C. M. Farnsworth, F. & Hoyt [in pencil].” At the trial in the Superior Court, without a jury, before Dimbar, J., the defendant requested the judge to rule that, upon all the evidence, the plaintiff was not entitled to recover, because there…
1Opinion of the CourtBarker, J.
This case turns upon the effect to be given to the act of the defendant, Mullen, the payee and first indorser of the note, who, upon transferring it to Pinkham, the second indorser, and being inquired of by him as to the address of McDermott, the maker, replied, “ I will fill his address out,” and thereupon wrote upon the face of the note, below the maker’s signature, the words “76 Chauncy Street,” and delivered the note with his own blank indorsement to Pinkham. The note was afterwards indorsed in blank by Pinkham and transferred to the plaintiff, who in turn indorsed it in blank and…
2Cases cited2 opinions
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- Demond v. BurnhamMassachusetts Supreme Judicial Court · 1882
3Cited by2 opinions
- Wilker v. JenkinsSuperior Court of Pennsylvania · 1926
- Lankofsky v. RaymondMassachusetts Supreme Judicial Court · 1914