Aronson v. Nurenberg
Massachusetts Supreme Judicial Court
Contract against the maker and indorsers of a negotiable promissory note of one Ettel Nurenberg for $1,583.35, payable in quarterly instalments of $50 to Max Sokolowitz and indorsed by Harvey Nurenberg and Samuel Nurenberg and by Max Sokolowitz in blank.
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Contract against the maker and indorsers of a negotiable promissory note of one Ettel Nurenberg for $1,583.35, payable in quarterly instalments of $50 to Max Sokolowitz and indorsed by Harvey Nurenberg and Samuel Nurenberg and by Max Sokolowitz in blank. Writ in the Municipal Court of the City of Boston dated August 31, 1912. On appeal to the Superior Court the case was tried before White, J. The defendant Sokolowitz moved to amend his answer by alleging "that prior to the indorsement of the note in question in this suit the plaintiff and defendant mutually agreed that the defendant indorse…
1Opinion of the CourtCrosby, J.
1. The denial of the motion to amend the defendant’s answer was wholly within the discretion of the presiding judge, and is not open to exception. Lang v. Bunker, 6 Allen, 61. Smith v. Whiting, 100 Mass. 122.
2. If the amendment had been allowed the evidence offered did not set up a legal defense to the note. When the defendant Sokolowitz, who will hereinafter be called the defendant, placed his signature upon the back of the note without qualification he became an indorser. R. L. c. 73, § 80. If the defendant’s only intention was to indorse the note for the purpose of transferring title to…
2Cases cited5 opinions
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1868
- Wooley v. CobbMassachusetts Supreme Judicial Court · 1896
- Inhabitants of Wilbraham v. Inhabitants of SturbridgeMassachusetts Supreme Judicial Court · 1850
- Shea v. VaheyMassachusetts Supreme Judicial Court · 1913
- Lewis v. MonahanMassachusetts Supreme Judicial Court · 1899
3Cited by16 opinions
- Peterson v. CadoganMassachusetts Supreme Judicial Court · 1943
- Continental Corp. v. GowdyMassachusetts Supreme Judicial Court · 1933
- Leckie v. BrayWest Virginia Supreme Court · 1922
- Maksymiuk v. PucetaMassachusetts Supreme Judicial Court · 1932
- Cole v. GeorgeWest Virginia Supreme Court · 1920
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