Atlas National Bank v. Savery
Massachusetts Supreme Judicial Court
Two actions OF CONTRACT against the members of the firm of John Savery’s Sons. The first CASE was on three promissory notes, each dated in 1877, signed by Alexander Law, payable to the order of Charles F. Parker & Co., and having on the back, first, the name of the payee, and then that of “ John Savery’s Sons.”
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Two actions OF CONTRACT against the members of the firm of John Savery’s Sons. The first CASE was on three promissory notes, each dated in 1877, signed by Alexander Law, payable to the order of Charles F. Parker & Co., and having on the back, first, the name of the payee, and then that of “ John Savery’s Sons.” At the trial in the Superior Court, before Putnam, J., the evidence as to the making of the notes and their fraudulent indorsement by Law, and as to his being a partner in both firms, was similar to that in the case of National Bank of Commonwealth v. Law, ante, 72. It also appeared…
1Opinion of the CourtLord, J.
The question as to the plaintiff’s title to the notes is fully settled in the case of Pemberton National Bank v. Porter, 125 Mass. 333, and with that decision we are satisfied. If we assume that a national hank cannot purchase a note, as contended by the defendants, that contract of purchase is entirely independent of the executory contract which the plaintiff is seeking to enforce; and whether the plaintiff is holding the note for itself or for another is wholly immaterial to the defendants, unless it shall appear that it is holding the note for some one who could not enforce it against the…
2Cases cited9 opinions
- Murray v. LardnerSupreme Court of the United States · 1865
- Goodman v. SimondsSupreme Court of the United States · 1858
- Andrews v. PondSupreme Court of the United States · 1839
- Hotchkiss v. National BanksSupreme Court of the United States · 1875
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
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3Cited by27 opinions
- Fillebrown v. HaywardMassachusetts Supreme Judicial Court · 1906
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
- Hubbard v. Worcester Art MuseumMassachusetts Supreme Judicial Court · 1907
- Murphy v. BarnardMassachusetts Supreme Judicial Court · 1894
- Johnson & Kettell Co. v. Longley Luncheon Co.Massachusetts Supreme Judicial Court · 1910
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