Horgan v. Morgan
Massachusetts Supreme Judicial Court
Contract, as amended, against forty-nine individuals, alleged to be doing business under the name and style of Buena Vista Fruit Company, upon twelve promissory notes dated, ten in January, one in February and one in May, 1915, in eleven of which the Buena Vista Fruit Company was named as payee and on the back of which the name of the payee was indorsed, and one of which purported to be signed by the Buena Vista Fruit Company. Writ dated April 6, 1915..
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Contract, as amended, against forty-nine individuals, alleged to be doing business under the name and style of Buena Vista Fruit Company, upon twelve promissory notes dated, ten in January, one in February and one in May, 1915, in eleven of which the Buena Vista Fruit Company was named as payee and on the back of which the name of the payee was indorsed, and one of which purported to be signed by the Buena Vista Fruit Company. Writ dated April 6, 1915.. The action was referred to an auditor. Material facts found by him are described in the opinion. The action was heard by Morton, J., without…
1Opinion of the CourtDe Courcy, J.
The twelve promissory notes in suit were signed or indorsed “The Buena Vista Fruit Co. Frank E. Morris, Acting Treasurer.” This company is a voluntary association under a declaration of trust, dated December 27, 1907; and the defendants are all the residents of Massachusetts who were shareholders when the obligations sued on were contracted. The company received the proceeds of the notes; and the plaintiff purchased them for value and before maturity.
It was decided in Frost v. Thompson, 219 Mass. 360, (which was a suit to recover on a promissory note of this same company,) that the Buena…
2Cases cited6 opinions
- Williams v. Inhabitants of MiltonMassachusetts Supreme Judicial Court · 1913
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Merchants' National Bank v. Citizens' Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Produce Exchange Trust Co. v. BieberbachMassachusetts Supreme Judicial Court · 1900
- Priestley v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Anderson v. AbbottSupreme Court of the United States · 1944
- Goldwater v. OltmanCalifornia Supreme Court · 1930
- State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
- Flint v. CodmanMassachusetts Supreme Judicial Court · 1924
- Howe v. ChmielinskiMassachusetts Supreme Judicial Court · 1921
16 more not listed; retrieve them via the Exa API.