Costelo v. Crowell
Massachusetts Supreme Judicial Court
Contract on a promissory note for $8000, dated July 81, 1868, signed by Thomas Corey, the defendant’s intestate, payable five years after date to the order of John F. Costelo, and by him indorsed in blank. On the margin of the face of the note were these words: “ Given as collateral security with agreement.”
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Contract on a promissory note for $8000, dated July 81, 1868, signed by Thomas Corey, the defendant’s intestate, payable five years after date to the order of John F. Costelo, and by him indorsed in blank. On the margin of the face of the note were these words: “ Given as collateral security with agreement.” Writ dated August 10, 1877. After the former decision, reported 127 Mass. 293, sustaining the defendant’s exceptions, on the ground that the instrument declared on was not a negotiable promissory note, the plaintiff moved to amend her writ, by substituting, in place of herself as party…
1Opinion of the CourtField, J.
The court are unanimously of opinion that the amendment substituting John F. Costelo as nominal plaintiff for Amelia H. Costelo was properly allowed. Gen. Sts. c. 129, §§ 41, 82. Winch v. Hosmer, 122 Mass. 438. Buckland v. Green, 133 Mass. 421.
Without deciding, it may be assumed, as the defendant contends, that the agreement between Thomas Corey and John F. ■ Costelo, dated July 31, 1868, created a trust in the land which John F. Costelo could enforce in equity, and that whether the relations of the parties were such as to constitute them co-partners or not, John F. Costelo was entitled to an…
2Cases cited10 opinions
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1879
- Ryder v. WilcoxMassachusetts Supreme Judicial Court · 1869
- Third National Bank v. Eastern RailroadMassachusetts Supreme Judicial Court · 1877
- Whitehill v. ShickleSupreme Court of Missouri · 1869
- Winch v. HosmerMassachusetts Supreme Judicial Court · 1877
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