MacKay v. Saint Mary's Church
Supreme Court of Rhode Island
Debt. Heard by the court, jury trial being waived. The facts found are stated in the opinion of the court. An executor, under the laws of one state, cannot indorse a note so as to enable the indorsee to sue in another state. Bibb v. Skinner, 2 Bibb, 57; Sanford v. Mickles Forman, 4 Johns.
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Debt. Heard by the court, jury trial being waived. The facts found are stated in the opinion of the court. An executor, under the laws of one state, cannot indorse a note so as to enable the indorsee to sue in another state. Bibb v. Skinner, 2 Bibb, 57; Sanford v. Mickles Forman, 4 Johns. Rep. 224; Thompson v. Wilson, 2 N. H. 291; Dial v. Cray, 14 S. Car. 573; Stearns v. Burnham, 5 Me. 261; Carmichael v. Bay, 1 Rich. 116; Cutter v. Davenport, 1 Pick. 81; Dawes v. Boylston, 9 Mass. 337. A note or obligation to joint payees cannot be transferred by one, but must be indorsed and transferred by…
1Opinion of the CourtStinjsss, J.
The plaintiff sues, as indorsee, upon two notes given by the defendant corporation to William H. Kelly and James Duffy, administrators upon the estate of William E. Duffy. It is admitted that William E. Duffy died in Connecticut ; that these persons were appointed administrators in Connecticut, and also in the State of New York, where both of them reside; and that the defendant corporation, by its treasurer duly authorized, gave the notes in the settlement of a debt admitted to be due from the corporation to the estate of William E. Duffy. April 8,1881, after tbe notes were due, the defendant…
2Cases cited7 opinions
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- McCord v. ThompsonIndiana Supreme Court · 1884
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