Bill v. Stewart
Massachusetts Supreme Judicial Court
Contract, on a check drawn by the defendant to the order of one F. A. Dearborn, on Saturday, August 20,1887, and postdated to the following Monday, August 22, 1887. Trial in the Superior Court, without a jury, before Thompson, J., who found for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the Court
Lathrop, J.. The findings of fact of the judge who tried this case without a jury are conclusive, and cannot be reviewed by this court. A check is a negotiable instrument, and a holder of it in good faith and without notice of any infirmity of title is entitled to maintain an action upon it against the maker, although the latter has a good defence as against the payee. Ames v. Meriam, 98 Mass. 294. First National Bank v. Harris, 108 Mass. 514. Robertson v. Coleman, 141 Mass. 231. The fact that it is post-dated does not take the case out of the rule. Currie v. Misa, L. R. 10 Ex. 153.
The check…
2Cases cited8 opinions
- National Security Bank v. CushmanMassachusetts Supreme Judicial Court · 1877
- Robertson v. ColemanMassachusetts Supreme Judicial Court · 1886
- Smith v. LivingstonMassachusetts Supreme Judicial Court · 1873
- Atlas National Bank v. SaveryMassachusetts Supreme Judicial Court · 1879
- Sullivan v. LangleyMassachusetts Supreme Judicial Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fillebrown v. HaywardMassachusetts Supreme Judicial Court · 1906
- Commercial Credit Co. v. M. McDonough Co.Massachusetts Supreme Judicial Court · 1921
- Seager v. DraytonMassachusetts Supreme Judicial Court · 1914
- Granlund v. SarafMassachusetts Supreme Judicial Court · 1928
- Shawmut National Bank v. MansonMassachusetts Supreme Judicial Court · 1897
4 more not listed; retrieve them via the Exa API.