Kellogg v. Tompson
Massachusetts Supreme Judicial Court
Tobt for the conversion of a promissory note for $3000, dated April 17, 1883, payable six months after date to the order of William J. Wilson, signed by Charles E. Johnson, indorsed by said Wilson and by Murphy and McCarthy, and pledged to the plaintiff. At the trial in the Superior Court, before Knowlton, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtGardner, J.
1. On June 16, 1883, Wilson delivered to the defendant a promissory note, signed by him, for $125, which contained the following: “Collateral in Johnson’s note of three thousand dollars, indorsed by Murphy and McCarthy.” After this note was put in evidence, the plaintiff was permitted, under the defendant’s objection, to .show, by the testimony of Wilson, that, in the loan of $400 by the defendant to Wilson, which was represented by the note of $425, nothing was said about the Johnson note; and that Wilson did not know that it was mentioned as collateral in any note he had given the…
2Cases cited2 opinions
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Brigham v. WeaverMassachusetts Supreme Judicial Court · 1850
3Cited by33 opinions
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Tripp v. National Shawmut BankMassachusetts Supreme Judicial Court · 1928
- Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1903
- In re A. E. Fountain, Inc.Court of Appeals for the Second Circuit · 1922
- Spooner v. CummingsMassachusetts Supreme Judicial Court · 1890
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