Shaw v. Knox
Massachusetts Supreme Judicial Court
Contract on a draft by Nathaniel Heath on John W. West for payment of four hundred and fifty dollars three months after date to the order of the defendant, indorsed by the latter and bearing also, below the defendant’s indorsement the indorsement of E. Longfellow & Son.
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Contract on a draft by Nathaniel Heath on John W. West for payment of four hundred and fifty dollars three months after date to the order of the defendant, indorsed by the latter and bearing also, below the defendant’s indorsement the indorsement of E. Longfellow & Son. Trial in the superior court, before Morton, J., without a jury, when it appeared that the draft was drawn on the day of its date, and indorsed by the defendant, and then at his request by E. Longfellow & Son, “ so that it could be discounted,” (neither of the indorsers receiving any consideration therefor,) and then was…
1Opinion of the CourtBigelow, C. J.
There was no joint liability on the part of the defendant with the subsequent indorsers. The indorsers on the draft were all liable to the holders of the draft for value on their several contracts of indorsement. There was no agreement between the parties, when the draft was made and indorsed, that they should hold any other relation towards each other than that which would result from their being successive indorsers on the draft for the accommodation of the drawer. If the last indorser paid the draft to the holder for value, he would succeed to the right of such holder, and could look to…
2Cases cited1 opinion
- Guild v. EagerMassachusetts Supreme Judicial Court · 1822
3Cited by10 opinions
- Missouri Pacific Railway Co. v. J. C. R. Haynes & Co.Texas Supreme Court · 1888
- Mulcare v. WelchMassachusetts Supreme Judicial Court · 1893
- Berenson v. ConantMassachusetts Supreme Judicial Court · 1913
- Kirschner v. ConklinSupreme Court of Connecticut · 1873
- Lill v. GleasonSupreme Court of Kansas · 1914
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