President of the Salem Bank v. President of the Gloucester Bank
Massachusetts Supreme Judicial Court
Assumpsit on a great number of promissory notes, alleged to be made by the president, &c., of the Gloucester bank, payable to the bearer thereof, and signed by the president; with averments that the plaintiffs were the legal bearers thereof, and that they had been presented at the bank for payment, and payment refused. There were also counts for money paid, and for money had and received.
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Assumpsit on a great number of promissory notes, alleged to be made by the president, &c., of the Gloucester bank, payable to the bearer thereof, and signed by the president; with averments that the plaintiffs were the legal bearers thereof, and that they had been presented at the bank for payment, and payment refused. There were also counts for money paid, and for money had and received. Trial was had at the sittings after the November term, 1818, upon the general issue, before the chief justice; and the defence was, that the notes described in the declaration were not the notes of the bank,…
1Opinion of the CourtParker, C. J.
The first objection made to the verdict in this case is, that as the notes declared upon were made upon paper belonging to the Gloucester bank, were filled up and subscribed by the cashier, and were in all respects perfect, except in the signature of the president, and as they had got into circulation by means of the carelessness of the officers of the bank, they ought to be *21considered as the notes of the corporation, even if the name of the president was feloniously put to the notes by some person into whose hands they fell; and that the jury ought to have been so instructed.
The judge…
2Cases cited2 opinions
- Wyman v. President of Hallowell & Augusta BankMassachusetts Supreme Judicial Court · 1817
- Hall v. HuseMassachusetts Supreme Judicial Court · 1813
3Cited by38 opinions
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- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
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