Fisher v. Fisher
Massachusetts Supreme Judicial Court
Contract upon a promissory note for two hundred and seven dollars and fifty-seven cents, dated January 7, 1861, signed by the defendant Fisher, payable to the order of William H. Claflin, the other defendant, in six months after date, and indorsed by Claflin in blank.
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Contract upon a promissory note for two hundred and seven dollars and fifty-seven cents, dated January 7, 1861, signed by the defendant Fisher, payable to the order of William H. Claflin, the other defendant, in six months after date, and indorsed by Claflin in blank. At the trial in the superior court, before Lord, J., the making and indorsing of the note by the defendants were admitted; and it appeared that the note was without consideration as between the original parties thereto; that Claflin delivered it to John Parsons, Jr. without consideration, for the purpose of having it discounted…
1Opinion of the Court
By the Court.
The doctrine of merger of a simple contract in the higher security of a judgment on such contract is wholly inapplicable to this case. The note in suit was pledged as collateral security for a debt due to the plaintiffs from the pledger, and this pledge continued valid and effectual until such debt was paid or discharged, notwithstanding the evidence of it had been changed from a promissory note to a judgment of a court of record thereon.
The evidence established that the plaintiffs received the note from the holder before its maturity, without any knowledge of the circumstances…
2Cited by27 opinions
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
- Wright v. John T. Hardie & Co.Texas Supreme Court · 1895
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Goodwin v. Massachusetts Loan & Trust Co.Massachusetts Supreme Judicial Court · 1890
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