Equitable Marine Insurance v. Adams
Massachusetts Supreme Judicial Court
Contract, against the indorser of a promissory note given by S. S. Swift to the plaintiff. Trial in the Superior Court, before Sherman, J., who directed the jury to return a verdict for the plaintiff; and, at the defendant’s request, and with the plaintiff’s consent, reported the case for the determination of this court. If any of the rulings were wrong, a new trial was to be ordered; otherwise, judgment was to be entered on the verdict. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action of contract upon an indorsement of a premium note given to the plaintiff company. The case was sent to an auditor, who found for the plaintiff, but gave no grounds and set forth no evidence. Therefore we must assume the finding to mean that the defendant indorsed the note pending the policy in consideration of the company’s assenting to a transfer of it, as is alleged in the declaration. At that time the defendant was assignee in insolvency of one S. S. Swift, to whom the policy originally was issued. In the Superior Court the case was heard on the auditor’s report. The…
2Cases cited2 opinions
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- Duff v. McKayMassachusetts Appeals Court · 2016
- Zielmann v. CopelofMassachusetts Supreme Judicial Court · 1919
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