Berenson v. London & Lancashire Fire Insurance Co. of Liverpool
Massachusetts Supreme Judicial Court
Contract upon the instrument, a copy of which is set out in the opinion, the declaration alleging in its first four counts that the plaintiff was indorsee and holder in due course thereof, and in its fifth and sixth counts, added by amendment after demurrers to the first four counts had been sustained by Fox, J., that one Yaffee had assigned the instrument to the plaintiff for a valuable consideration.
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Contract upon the instrument, a copy of which is set out in the opinion, the declaration alleging in its first four counts that the plaintiff was indorsee and holder in due course thereof, and in its fifth and sixth counts, added by amendment after demurrers to the first four counts had been sustained by Fox, J., that one Yaffee had assigned the instrument to the plaintiff for a valuable consideration. Writ in the Municipal Court of the City of Boston dated May 11, 1907. Other allegations of the fifth and sixth counts were that “ one Solomon Yaffee was the holder of a fire insurance policy…
1Opinion of the CourtRugg, J.
The order sustaining the demurrers to the first four counts of the declarations, having been made by a judge of the Superior Court other than the one who reported the case, without exception or appeal, is not before us. Brooks v. Shaw, 197 Mass. 376. We treat counts five and six of the amended declaration as raising the question whether the following is a *174completed contract either as a negotiable instrument or as a chose in action:
“Draft No. 14849 H. O. No Accepted 190 to be paid on acct of the London & Lancashire Fire Insurance Co. of Liverpool, England.
“-Manager.
“ Countersigned-Cashier.
$360.…
2Cases cited4 opinions
- Brooks v. ShawMassachusetts Supreme Judicial Court · 1908
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1879
- Chipman v. FosterMassachusetts Supreme Judicial Court · 1875
3Cited by13 opinions
- John Gilbert Jr. Co. v. C. M. Fauci Co.Massachusetts Supreme Judicial Court · 1941
- First National Bank v. Rhode Island InsuranceSupreme Court of Arkansas · 1931
- Nylander v. NylanderSupreme Court of Iowa · 1936
- Barrett v. Vaughan & Co.Supreme Court of Virginia · 1935
- Jerome v. Eastern Finance Corp.Massachusetts Supreme Judicial Court · 1944
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