Emerson v. Paine
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court allowing the report of commissioners upon the insolvent estate of William H. Perkins, deceased, and from the disallowance of the claim of the appellant presented to the commissioners. The case was submitted to this court, and after a finding for the appellees, by Barker, J., to the full bench on appeal, upon agreed facts, in substance as follows.
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Appeal from a decree of the Probate Court allowing the report of commissioners upon the insolvent estate of William H. Perkins, deceased, and from the disallowance of the claim of the appellant presented to the commissioners. The case was submitted to this court, and after a finding for the appellees, by Barker, J., to the full bench on appeal, upon agreed facts, in substance as follows. On July 20,1896, Perkins made a promissory note for $5,000, and had it discounted at the Union Market Rational Bank of Watertown, it having been indorsed by Thomas P. Emerson, the appellant. Perkins, prior to…
1Opinion of the CourtLathrop, J.
Both parties in this case have assumed that the note discounted by the Newton bank was a renewal of the original hate discounted by the Watertown bank. Assuming it to be such, the only question is whether Emerson, the indorser, having a promissory note given to him as collateral security by Perkins, the maker, and which -by agreement was to apply to all renewals of the original note, can prove his claim against the insolvent estate of Perkins, who has deceased, the Newton bank having proved the note discounted by it against said estate in full.
We see no reason why the claim cannot be proved.…
2Cases cited2 opinions
- Miller's River National Bank v. JeffersonMassachusetts Supreme Judicial Court · 1884
- Hapgood v. WellingtonMassachusetts Supreme Judicial Court · 1884