Allen v. Brown
Massachusetts Supreme Judicial Court
Two ACTIONS OE CONTRACT against the defendants as makers of a promissory note for $1000, dated February 2, 1874, payable on demand to Lyman Drury or order, purporting to be signed on its face by Lucius W. Pond, and on its back by the defendants, and indorsed by Drury to the plaintiff.
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Two ACTIONS OE CONTRACT against the defendants as makers of a promissory note for $1000, dated February 2, 1874, payable on demand to Lyman Drury or order, purporting to be signed on its face by Lucius W. Pond, and on its back by the defendants, and indorsed by Drury to the plaintiff. Writs dated May 6, 1876. At the trial in the Superior Court, before Aldrich, J., the plaintiff introduced evidence that the note was signed by Pond and indorsed by the defendants, and in that condition was delivered to Drury by Pond for a debt due from Pond to Drury; and that thereafter Drury indorsed the note…
1Opinion of the CourtSoule, J.
The defendants put their names on the back of the note before it was delivered to the payee and became a binding contract. They must, therefore, be considered as original promisors, and paroi evidence was not admissible to show that this was not their real contract. Union Bank v. Willis, 8 Met, 504. Brown v. Butler, 99 Mass. 179. Way v. Butterworth, 108 Mass. 509.
The evidence offered of an extension of time given to the maker in which to pay the note, and of “ negligence and loches in other respects,” was not admissible. Assuming that the defendants were sureties only, and that the plaintiff…
2Cases cited2 opinions
- Brown v. ButlerMassachusetts Supreme Judicial Court · 1868
- Way v. ButterworthMassachusetts Supreme Judicial Court · 1871
3Cited by8 opinions
- Phipps v. HardingCourt of Appeals for the Seventh Circuit · 1895
- French v. BatesMassachusetts Supreme Judicial Court · 1889
- Fletcher v. SturtevantMassachusetts Supreme Judicial Court · 1920
- Way v. DunhamMassachusetts Supreme Judicial Court · 1896
- Bearse v. LebowichMassachusetts Supreme Judicial Court · 1912
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