National Granite Bank v. Whicher
Massachusetts Supreme Judicial Court
Contract, upon three promissory notes, made by the defendant, payable to the order of her husband, T. A. Whicher, indorsed by him and others, and delivered to the plaintiff. The indorsements on all the notes, omitting the indorsements of interest, were as follows: “ Waiving demand and notice. T. A. Whicher. Edward Whicher. Waiving demand and notice. L. E. Whicher.”
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Contract, upon three promissory notes, made by the defendant, payable to the order of her husband, T. A. Whicher, indorsed by him and others, and delivered to the plaintiff. The indorsements on all the notes, omitting the indorsements of interest, were as follows: “ Waiving demand and notice. T. A. Whicher. Edward Whicher. Waiving demand and notice. L. E. Whicher.” At the trial in the Superior Court, before Bond, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, in substance as follows. It appeared in evidence, among other things, that the plaintiff was…
1Opinion of the CourtLathrop, J.
This is an action on three promissory notes,
signed by the defendant, payable to the order of her husband, and by him together with other persons indorsed. That such a note is void by common law, which law has not been changed by our statutes relating to married women, is too plain for argument. Gay v. Kingsley, 11 Allen, 345. Nor does it make any difference that the note, after being indorsed by the husband, is given to a person in payment of a debt of hers to him. Roby v. Phelon, 118 Mass. 541.
In Slawson v. Loring, 5 Allen, 340, on which the plaintiff chiefly relies, it was held that an…
2Cases cited2 opinions
- Roby v. PhelonMassachusetts Supreme Judicial Court · 1875
- Foster v. LeachMassachusetts Supreme Judicial Court · 1894
3Cited by11 opinions
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Gahm v. GahmMassachusetts Supreme Judicial Court · 1923
- National Granite Bank v. TyndaleMassachusetts Supreme Judicial Court · 1900
- Tyndale v. StanwoodMassachusetts Supreme Judicial Court · 1904
- National Bank of the Republic v. DelanoMassachusetts Supreme Judicial Court · 1904
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