Jump v. Sparling
Massachusetts Supreme Judicial Court
Contract by the trustee in bankruptcy of David F. Burns on the promissory note set forth in the opinion, of which that bankrupt was the payee. Writ in the Municipal Court of the City of Boston dated July 24, 1913. The defendant’s answer is described in the opinion.
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Contract by the trustee in bankruptcy of David F. Burns on the promissory note set forth in the opinion, of which that bankrupt was the payee. Writ in the Municipal Court of the City of Boston dated July 24, 1913. The defendant’s answer is described in the opinion. In the Municipal Court the case was tried before Duff, J., who ruled that upon the evidence, which is described in the opinion, the defendant signed the note in a representative capacity and not as a principal, and that the plaintiff was not entitled to recover. At the request of the plaintiff he reported the case for determination…
1Opinion of the CourtRugg, C. J.
This is an action upon a promissory note of the tenor following:
“$596.20 Boston, Nov. 19th, 1908.
On demand after date we promise to pay to the order of David F. Burns Five Hundred and ninety-six 20/100 dollars. Payable at State Street Trust Co. Boston Mass.
Value received with interest.
J. H. Sparling, Treas.
Stratton Engine Co.
David F. Burns, Pres.
Stratton Engine Co.”
The plaintiff is the trustee in bankruptcy of the payee. Oral evidence was received to the effect that both Burns and the defendant signed the note in their respective capacities as officers of the Stratton Engine Company, that it…
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