Bank of America v. Shaw
Massachusetts Supreme Judicial Court
Contract, against Fayette Shaw and Brackley Shaw, co-partners under the firm name of F. Shaw and Brothers, to recover the balance due upon four promissory notes indorsed by the defendants in the firm name. Fayette Shaw alone defended. Trial in the Superior Court, without a jury, before Knowlton, J., who found for the plaintiff; and reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtField, J.
The report in this case raises the question of the sufficiency of the notice given to F. Shaw and Brothers, indorsers •of certain promissory notes of which the makers had, on demand, refused payment. The report finds that Fayette Shaw and Brackley Shaw constituted the firm of F. Shaw and Brothers; that no service of the writ was made upon Brackley Shaw, who was out of the Commonwealth ; that Fayette Shaw, who alone was served with process and alone defends the suit, “ had left the country to avoid liability to arrest upon civil process ” before the notes matured; and was, at the maturity of…
2Cited by5 opinions
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