Hapgood v. Wellington
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $350, dated September 1, 1880, payable on demand to the order of the plaintiff, signed by the defendant, and indorsed by one Smith.
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Contract upon a promissory note for $350, dated September 1, 1880, payable on demand to the order of the plaintiff, signed by the defendant, and indorsed by one Smith. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, upon agreed facts, in substance as follows: On September 1, 1880, the plaintiff, at the defendant’s request, indorsed, before delivery, a promissory note for $350, made by the defendant, and payable to the order of Charles Wood, on demand. This note was subsequently delivered by the defendant for value to Wood, and is…
1Opinion of the CourtC. Allen, J.
It has been held in several cases, that, where a promissory note is given in consideration of the payee’s promise to do something for the maker, an action may be maintained on the note by the payee against the maker without proving performance on his own part. Waterhouse v. Kendall, 11 Cush. 128. Traver v. Stevens, 11 Cush. 167. Hodgkins v. Moulton, 100 Mass. 309, 311. Backus v. Spaulding, 116 Mass. 418. Hubon v. Park, 116 Mass. 541. Turner v. Rogers, 121 Mass. 12. And in Moseley v. Ames, 5 Allen, 163, it was held that a note executed and delivered as collateral security for a guaranty…
2Cases cited4 opinions
- Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868
- Hubon v. ParkMassachusetts Supreme Judicial Court · 1875
- Backus v. SpauldingMassachusetts Supreme Judicial Court · 1875
- Turner v. RogersMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- Pelonsky v. WattendorfMassachusetts Supreme Judicial Court · 1926
- Loveland v. Epstein Drug Co.Massachusetts Supreme Judicial Court · 1917
- Merchants & Manufacturers' National Bank v. CumingsNew York Court of Appeals · 1896
- Finance Corp. of New England, Inc. v. MaynardMassachusetts Supreme Judicial Court · 1924
- Emerson v. PaineMassachusetts Supreme Judicial Court · 1900
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