Way v. Butterworth
Massachusetts Supreme Judicial Court
Contract, brought December 18, 1868, against George H. Butterworth, Albert F. Butterworth and Willard Manuel, on a promissory note of which the following is a copy, with its indorsements : “ $1335.57. Boston, July 20,1868. Four months after date, I promise to pay to the order of Willard Manuel, thirteen hundred and thirty-five rYv dollars, payable at any bank in Boston. “ George H. Butterworth.” Indorsed, “ Albert F. Butterworth. “ Willard Manuel.”
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Contract, brought December 18, 1868, against George H. Butterworth, Albert F. Butterworth and Willard Manuel, on a promissory note of which the following is a copy, with its indorsements : “ $1335.57. Boston, July 20,1868. Four months after date, I promise to pay to the order of Willard Manuel, thirteen hundred and thirty-five rYv dollars, payable at any bank in Boston. “ George H. Butterworth.” Indorsed, “ Albert F. Butterworth. “ Willard Manuel.” The declaration contained four counts. The first was against George H. Butterworth as maker of the note, and is now immaterial. The second was…
1Opinion of the CourtAmes, J.
If A. F. Butterworth signed his name upon the back of the note at the time when it was made, or at any time before it was delivered as a valid and binding contract to Manuel, he must be considered as an original promisor, and paroi evidence would not be admissible to show that such was not his real contract. Union Bank v. Willis, 8 Met. 504. Brown v. Butler, 99 Mass. 179. In favor of a bond fide holder, it is presumed that the promise of such an indorser was made at the same time with the note. This, however, is not a conclusive presumption. This defendant would have a right to show that the…
2Cases cited3 opinions
- Rey v. SimpsonSupreme Court of the United States · 1860
- Way v. ButterworthMassachusetts Supreme Judicial Court · 1870
- Brown v. ButlerMassachusetts Supreme Judicial Court · 1868
3Cited by11 opinions
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- Camp v. First National BankSupreme Court of Florida · 1902
- Phipps v. HardingCourt of Appeals for the Seventh Circuit · 1895
- Rothschild v. GrixMichigan Supreme Court · 1875
- Gloucester Mutual Fishing Insurance v. BoyerMassachusetts Supreme Judicial Court · 1936
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