Thurston v. M'Kown
Massachusetts Supreme Judicial Court
Case upon a promissory note, dated Sept. 22, 1806, signed by the defendant, payable on demand to one Samuel Broolcs, and by him endorsed to the plaintiff. In a case stated for the opinion of the Court, the parties agree that the note declared on, being made and signed at Portland, and payable on demand, was endorsed by the payee to the plaintifl at Boston, where the plaintiff dwells, on the seventh day after it was made.
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Case upon a promissory note, dated Sept. 22, 1806, signed by the defendant, payable on demand to one Samuel Broolcs, and by him endorsed to the plaintiff. In a case stated for the opinion of the Court, the parties agree that the note declared on, being made and signed at Portland, and payable on demand, was endorsed by the payee to the plaintifl at Boston, where the plaintiff dwells, on the seventh day after it was made. The payee originally obtained, the note by unfair means, without- any consideration, in the following manner: On the day the note is dated, it was taken of the defendant for…
1Opinion of the CourtParsons, C. J.
The question upon the merits of this case is, whether the loss shall fall on the bona fide purchaser of the note, or on the maker, who was defrauded. And it is settled law, that of two innocent parties, in a case like this, the loss shall fall on the maker of the note. The endorsee gave credit to his name, and on this credit he paid a valuable consideration. The maker suffered himself to be overreached, and by his own inattention, or negligence, or undue confidence in the payee, the note has been negotiated, and has honestly and fairly come into the possession of the plaintiff. On equitable…
2Cases cited5 opinions
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Martin v. WinslowU.S. Circuit Court for the District of Rhode Island · 1821
- Sice v. CunninghamNew York Supreme Court · 1823
- Vreeland v. HydeThe Superior Court of New York City · 1829
3Cited by23 opinions
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Estate of Philpott v. PhilpottSupreme Court of Iowa · 1915
- Storer v. LoganMassachusetts Supreme Judicial Court · 1812
- Green v. WilkieSupreme Court of Iowa · 1896
- Gibson v. ConnerSupreme Court of Georgia · 1847
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