Legal Opinion

Lewis v. Monahan

Massachusetts Supreme Judicial Court

Decided March 9, 1899PublishedCited by 5 opinions

Contract, upon the following promissory note: “ $500. Boston, April 2, 1896. Four months after date I promise to pay to the order of myself five hundred dollars. Payable at any bank in Boston. H. Naiherseg. Value received. H. Naiherseg.” Indorsements: “ H. Naiherseg. Geo. F. Monahan. Mark Lewis.”

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Contract, upon the following promissory note: “ $500. Boston, April 2, 1896. Four months after date I promise to pay to the order of myself five hundred dollars. Payable at any bank in Boston. H. Naiherseg. Value received. H. Naiherseg.” Indorsements: “ H. Naiherseg. Geo. F. Monahan. Mark Lewis.” Trial in the Superior Court, before Hardy, J., who directed the jury to render a verdict for the plaintiff in the sum of 1542.61; and the defendant alleged exceptions, which appear in the opinion.

1Opinion of the CourtBarker, J.

One Naiherseg, having made the note in suit payable to his own order, took it to the defendant with a request that he indorse it so that Naiherseg could get it discounted, and stating that it would be necessary to have two indorsers, and that he would get the plaintiff to indorse it. The defendant replied that he would indorse the note if Naiherseg would get the plaintiff’s signature, but the note must be shown to him indorsed by the plaintiff before being discounted. Upon making this statement the defendant indorsed the note, and Naiherseg took it so indorsed to the plaintiff, who indorsed…

2Cases cited2 opinions

  1. Mulcare v. WelchMassachusetts Supreme Judicial Court · 1893
  2. Moore v. CushingMassachusetts Supreme Judicial Court · 1895

3Cited by5 opinions

  1. National Granite Bank v. TyndaleMassachusetts Supreme Judicial Court · 1900
  2. Aronson v. NurenbergMassachusetts Supreme Judicial Court · 1914
  3. Shea v. VaheyMassachusetts Supreme Judicial Court · 1913
  4. Bamford v. BoyntonMassachusetts Supreme Judicial Court · 1909
  5. Ruckdeschel v. HowellSupreme Court of Pennsylvania · 1940

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