B. M. C. Durfee Trust Co. v. Steiger

This is an action of contract to recover the balance due upon a promissory note, dated January 17, 1935, executed by Steiger’s Fall River, Inc., a Massachusetts corporation, as maker, payable to the order of the plaintiff, and indorsed by the defendant before it was delivered to the plaintiff.

The case was heard in the Superior Court by a judge sitting without a jury. At the conclusion of the evidence he found “that the plaintiff was holder of the note in due course; that it expressly reserved its right of recourse against the defendant indorser, and that the acceptance by the plaintiff of the…