Legal Opinion

Corcoran v. Batchelder

Massachusetts Supreme Judicial Court

Decided October 22, 1888PublishedCited by 6 opinions

Two actions of contract by the receiver of the Lancaster National Bank of Clinton, upon three promissory notes, amounting in all to six thousand dollars, payable to the order of the bank and made by the defendant, each note bearing this indorsement: “ Secured by one hundred seventy-three (173) shares Erie Tel. & Tel. Company.”

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Two actions of contract by the receiver of the Lancaster National Bank of Clinton, upon three promissory notes, amounting in all to six thousand dollars, payable to the order of the bank and made by the defendant, each note bearing this indorsement: “ Secured by one hundred seventy-three (173) shares Erie Tel. & Tel. Company.” The defendant filed in each case an answer containing a general denial, and a special denial of the genuineness of the signatures to the notes, and alleging that the defendant deposited with the bank as collateral security the shares of stock referred to in the…

1Opinion of the CourtMorton, C. J.

Many exceptions were taken at the trial which are waived by the defendant. We shall consider only those which he now relies upon.

The actions are brought upon several promissory notes, amounting to six thousand dollars, given by the defendant to the Lancaster National Bank of Clinton, of which the plaintiff is the receiver. The principal defence set up in the answers and in the declarations in set-off is that the defendant deposited with the bank, as collateral security for the notes, one hundred and seventy-three shares of the capital stock of the Erie Telegraph and Telephone Company, which…

2Cases cited1 opinion

  1. Gold-Mining Co. v. National BankSupreme Court of the United States · 1878

3Cited by6 opinions

  1. Hutchinson v. PlantMassachusetts Supreme Judicial Court · 1914
  2. Peoples Bank v. Exchange BankSupreme Court of Georgia · 1902
  3. Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930
  4. Schneider v. ThompsonCourt of Appeals for the Eighth Circuit · 1932
  5. Phachansiri v. City of LowellMassachusetts Appeals Court · 1993

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