First Nat. Bank of Worcester v. Lock-Stitch Fence Co.
United States Circuit Court
These were two suits upon promissory notes, one for $2,121, and the other for $1,123.59, both dated January 1, 1884, due 3 2 months after date, and payable to the order of Washburn & Moen Manufacturing Company, at the First National Bank of Joliet, Illinois. The plaintiff in each case is a banking corporation, organised under the laws of the United States, and located in Massachusetts.
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These were two suits upon promissory notes, one for $2,121, and the other for $1,123.59, both dated January 1, 1884, due 3 2 months after date, and payable to the order of Washburn & Moen Manufacturing Company, at the First National Bank of Joliet, Illinois. The plaintiff in each case is a banking corporation, organised under the laws of the United States, and located in Massachusetts. The defendants are citizens of Illinois, the defendant Lock-Stitch Fence Company being a corporation, having its principal office and place of business at Joliet. Tlie declaration in each ease contained a…
1Opinion of the CourtDyer, J.
Upon the argument it was contended in behalf of the defendants that the burden of proof to show that the defendant indorsers wore co-promisors with the Lock-Stitch Fence Company upon the notes, and therefore jointly liable as makers, was upon the plaintiff; that the notes themselves were not evidence of such joint liability; that the liability of the defendant indorsors, if any, was that of guarantors, and that therefore they could not be sued with the maker of the notes as jointly liable thereon; that for these reasons the court should have instructed the jury, when requested so to do at the…
2Cases cited18 opinions
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- Good v. MartinSupreme Court of the United States · 1877
- Watson v. TarpleySupreme Court of the United States · 1856
- Coulter v. . RichmondNew York Court of Appeals · 1875
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