Wilson v. Holmes
Massachusetts Supreme Judicial Court
The plaintiff declares in case, on a bill of exchange for 450?. sterling, drawn by the defendant on William Lees, payable to Benson, Abbott &/■ Briggs, or their order, and by them endorsed to the plaintiff, which had been protested and returned unpaid. The action was pending in Plymouth, and at the trial before Sew~ all, J., at the last May term in that county, upon the general issue, the bill of exchange, the protest and notice to the defendant, were regularly proved.
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The plaintiff declares in case, on a bill of exchange for 450?. sterling, drawn by the defendant on William Lees, payable to Benson, Abbott &/■ Briggs, or their order, and by them endorsed to the plaintiff, which had been protested and returned unpaid. The action was pending in Plymouth, and at the trial before Sew~ all, J., at the last May term in that county, upon the general issue, the bill of exchange, the protest and notice to the defendant, were regularly proved. The endorsement was in this form: “ Pay Thomas Wilson, Esq., or order, for our use, value received in account.' Benson,…
1Opinion of the Court
The action was continued nisi, and at this term the opinion of the Court was delivered by
Parsons, C. J.
On the evidence in this case, if properly admitted against Wilson, the endorsee, the verdict unquestionably was right. The only question is whether or not this evidence ought to have gone to the jury.
If Wilson had been a bona fide purchaser of the bill, for a valuable consideration, and without notice of the agreement between the drawer and the payees, the evidence would have been improper for he ought not to suffer by any agreement, of which [ * 545 ] he was not knowing, * which was…
2Cited by8 opinions
- Freeman's National Bank v. National Tube Works Co.Massachusetts Supreme Judicial Court · 1890
- Hook v. . PrattNew York Court of Appeals · 1879
- Williams, Deacon & Co. v. JonesSupreme Court of Alabama · 1884
- Bancroft v. PaineSupreme Court of Alabama · 1849
- Mechanics' Bank v. Valley Packing Co.Missouri Court of Appeals · 1877
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