Haskell v. Avery
Massachusetts Supreme Judicial Court
Appeal to the Superior Court from a decision of commissioners appointed by the Probate Court of the County of Norfolk, to receive and examine claims against the estate of the late Edward Avery.
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Appeal to the Superior Court from a decision of commissioners appointed by the Probate Court of the County of Norfolk, to receive and examine claims against the estate of the late Edward Avery. At the trial in the Superior Court, before Hardy, J., it appeared that the creditor’s claim disallowed by the commissioners was on a note for $155 and a draft for $185. The note was as follows: 16 $155. Boston, May 6th, 1895. Four months after date I promise to pay to the order of Edward Avery One Hundred and Fifty-five dollars. Payable at any Bank in Boston. Value received. James T. Moore.” The note…
1Opinion of the CourtHolmes, C. J.
The only question is whether the holder of the note and draft can prove in his own name. To decide this it is necessary to consider the purport and effect of two indorsements. The first is that of Neher: “ For deposit in the National Bank of the State of Florida, Jacksonville, Fla., to credit of E. J. Neher.” Neher’s name is a signature although it also makes part of a sentence. The signature is often made part of the last sentence of a letter, but no one ever thought, we suppose, that it was less a signature on that account. The indorsement then is in effect the same as if it read “ For…
2Cases cited3 opinions
- Freeman's National Bank v. National Tube Works Co.Massachusetts Supreme Judicial Court · 1890
- National Pemberton Bank v. PorterMassachusetts Supreme Judicial Court · 1878
- Regina Flour Mill Co. v. HolmesMassachusetts Supreme Judicial Court · 1892
3Cited by13 opinions
- Hecker-Jones-Jewell Milling Co. v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1922
- Jump v. LeonMassachusetts Supreme Judicial Court · 1906
- Boston-Continental National Bank v. Hub Fruit Co.Massachusetts Supreme Judicial Court · 1934
- Fay v. HuntMassachusetts Supreme Judicial Court · 1906
- Midwest National Bank & Trust Co. v. Niles & Watters Savings BankSupreme Court of Iowa · 1921
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