President of Greenfield Bank v. Crafts
Massachusetts Supreme Judicial Court
Contract upon a note of $130, bearing the name of Thomas Crafts as joint maker with Martin Crafts, and three drafts, one of $130, and the other two of $100 each, drawn by Martin Crafts and bearing the name of Thomas Crafts as indorser, falling due November 26, December 8, 16 and 22, 1860, respectively.
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Contract upon a note of $130, bearing the name of Thomas Crafts as joint maker with Martin Crafts, and three drafts, one of $130, and the other two of $100 each, drawn by Martin Crafts and bearing the name of Thomas Crafts as indorser, falling due November 26, December 8, 16 and 22, 1860, respectively. The action was originally commenced against Thomas Crafts, and after his death his executors appeared and took upon themselves the defence, which was that the signatures of his name were forged. After the former decision in this case, reported in 2 Allen, 269, a new trial was had in the…
1Opinion of the CourtDewey, J.
It is apparent from the finding of the jury, that the plaintiffs failed to prove that the signature of Thomas Crafts’s name was placed upon these various instruments with his previous authority. The right of the plaintiffs to maintain their verdict rests upon proof of ratification and adoption by Thomas Crafts of the act of signing, or upon the ground of an estoppel to deny the signature thereto, by reason of his acts in reference to the same, when brought to his knowledge.
As to the question of estoppel, and what was necessary to be shown to prove such estoppel, the court adopted the…
2Cases cited2 opinions
- Hall v. HuseMassachusetts Supreme Judicial Court · 1813
- Inhabitants of Groton v. Inhabitants of LancasterMassachusetts Supreme Judicial Court · 1819
3Cited by2 opinions
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