Mulcare v. Welch
Massachusetts Supreme Judicial Court
Contract to recover of the defendant as co-surety, and for contribution as such co-surety, on the following note: “f500. North Adams, Mass., July 28, 1891. Four months after date we promise to pay to the order of Owen W. Welch Five hundred Dollars at Berkshire National Bank. Value received.” Signed on the face of the note, “ L. Simon & Co.” Indorsements on the back, “ T. Mulcare, O. W. Welch.”
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Contract to recover of the defendant as co-surety, and for contribution as such co-surety, on the following note: “f500. North Adams, Mass., July 28, 1891. Four months after date we promise to pay to the order of Owen W. Welch Five hundred Dollars at Berkshire National Bank. Value received.” Signed on the face of the note, “ L. Simon & Co.” Indorsements on the back, “ T. Mulcare, O. W. Welch.” At the trial in the Superior Court, before Maynard, J., one Robinson testified as follows: “ At the date of the note I was one of the firm of L. Simon & Co. L. Simon for the partnership signed the note,…
1Opinion of the CourtKnowlton, J.
To the holder of the note when it first took effect as a contract, the liability of L. Simon and Company was that of makers; the liability of the plaintiff was that of an original promisor, who could be charged only by a demand and notice under the Pub. Sts. c. 77, § 15; and the liability of the defendant was that of an ordinary indorser. Clapp v. Rice, 13 Gray, 403. As between the holder and these parties, their rights and liabilities could not be varied by paroi evidence. Prescott Bank v. Caverly, 7 Gray, 217.
Their relations to each other in reference to the note can be proved by paroi, so…
2Cases cited4 opinions
- Mansfield v. EdwardsMassachusetts Supreme Judicial Court · 1883
- Brown v. ButlerMassachusetts Supreme Judicial Court · 1868
- Shaw v. KnoxMassachusetts Supreme Judicial Court · 1867
- Baldwin v. DowMassachusetts Supreme Judicial Court · 1881
3Cited by7 opinions
- Weeks v. ParsonsMassachusetts Supreme Judicial Court · 1900
- Brooks v. StackpoleMassachusetts Supreme Judicial Court · 1897
- National Bank of the Republic v. DelanoMassachusetts Supreme Judicial Court · 1904
- Legg v. VinalMassachusetts Supreme Judicial Court · 1896
- Berenson v. ConantMassachusetts Supreme Judicial Court · 1913
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