Lombard v. Bryne
Massachusetts Supreme Judicial Court
Contract on a promissory note against James L. Bryne as maker and Samuel H. Hellen as indorser. Writ dated August 24, 1905. The note, of which a copy was annexed to the déclaration, was as follows: “ $1000. Boston, Mass., May 22,1905. “ Three months after date I promise to pay to the order of S. & R. J. Lombard One Thousand Dollars at any Boston bank with interest. “Value received, “ No. Due “ James L. Bryne, 55 Bowdoin Ave. Indorsed: “S. H. Hellen.”
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Contract on a promissory note against James L. Bryne as maker and Samuel H. Hellen as indorser. Writ dated August 24, 1905. The note, of which a copy was annexed to the déclaration, was as follows: “ $1000. Boston, Mass., May 22,1905. “ Three months after date I promise to pay to the order of S. & R. J. Lombard One Thousand Dollars at any Boston bank with interest. “Value received, “ No. Due “ James L. Bryne, 55 Bowdoin Ave. Indorsed: “S. H. Hellen.” The answer of the defendant Hellen contained a general denial, and, among other matters, alleged that this defendant’s indorsement was made…
1Opinion of the CourtKrowlton, C. J.
The question at the trial was whether, as between the plaintiffs and the defendant Hellen, there was a consideration for Hellen’s signature upon the note. The production of the note made a prima facie case on this point, in favor of the plaintiffs. The defendant sought to meet it by showing that the presumption which ordinarily would arise from the form of the note was not well founded, and that there was no consideration for his signing, inasmuch as he affixed his signature merely for the accommodation of the plaintiffs. On the question whether there was a consideration for the note, the…
2Cases cited3 opinions
- Perley v. PerleyMassachusetts Supreme Judicial Court · 1887
- Temple v. PhelpsMassachusetts Supreme Judicial Court · 1906
- Broult v. HansonMassachusetts Supreme Judicial Court · 1893
3Cited by9 opinions
- Salem Trust Co. v. DeeryMassachusetts Supreme Judicial Court · 1935
- Wylie v. MarinofskyMassachusetts Supreme Judicial Court · 1909
- Leonard v. WoodwardMassachusetts Supreme Judicial Court · 1940
- Seager v. DraytonMassachusetts Supreme Judicial Court · 1914
- Wolff v. PerkinsMassachusetts Supreme Judicial Court · 1925
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