Leonard v. Draper
Massachusetts Supreme Judicial Court
CONTRACT against the maker and indorsers of a promissory-note for 11,675, dated September 14, 1900, and payable one month after date. Writ dated October 30, 1900. The Superior Court gave judgment for the defendants on an agreed statement of facts ; and the plaintiff appealed.
1Opinion of the CourtKnowlton, C. J.
This is an action upon a promissory note on which the defendants’ names appear as indorsers. It is *537agreed that the note was duly signed and delivered and that due demand was made and notice given to charge the defendants as indorsers. These facts make a prima facie case against the defendants.
The defence relied upon is founded on a former note, which was paid in part by cash and in part by giving the note in suit. That note was executed in the name of a street railway corporation, by its treasurer, was payable to the order of O. M. Draper, who was the wife of the treasurer, and was indorsed…
2Cases cited3 opinions
- Dupee v. Boston Water Power Co.Massachusetts Supreme Judicial Court · 1873
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. McClanahanCourt of Appeals of Kentucky · 1859
3Cited by15 opinions
- Spiegel v. Beacon Participations, Inc.Massachusetts Supreme Judicial Court · 1937
- San Antonio Hardware Co. v. SangerCourt of Appeals of Texas · 1912
- Andersen v. Albert & J. M. Anderson Manufacturing Co.Massachusetts Supreme Judicial Court · 1950
- Alpert v. RadnerMassachusetts Supreme Judicial Court · 1936
- Keith v. KilmerCourt of Appeals for the First Circuit · 1919
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