Degnan v. Farr
Massachusetts Supreme Judicial Court
Tori in the nature of trover. Trial in the Superior Court before Gfardner, J., who, after verdict for the plaintiff, reported the following case for the determination of this court: On December 2,1875, Patrick F. Degnan executed a mortgage of personal property to Thomas Higgins, to secure the payment of a promissory note of that date for $2000, signed by Degnan, and payable to Higgins or order in one year, with interest at the rate of seven per cent per annum.
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Tori in the nature of trover. Trial in the Superior Court before Gfardner, J., who, after verdict for the plaintiff, reported the following case for the determination of this court: On December 2,1875, Patrick F. Degnan executed a mortgage of personal property to Thomas Higgins, to secure the payment of a promissory note of that date for $2000, signed by Degnan, and payable to Higgins or order in one year, with interest at the rate of seven per cent per annum. On the same day, Higgins executed on the back of the mortgage a deed, assigning to the wife of the mortgagor “ the within mortgage…
1Opinion of the CourtGray, C. J.
The judge rightly refused to rule as requested by the defendant. If the note made by the husband had been indorsed as well as assigned by the payee to the wife, so as to pass both the legal and the equitable title in it to her, the note might, in law at least, have been extinguished, because of her incapacity to be a party to a contract with, or to an action against, her husband. Chapman v. Kellogg, 102 Mass. 246. Abbott v. Winchester, 105 Mass. 115. But as the note is only shown to have been assigned to the wife, and does not appear to have been indorsed to her, (and the counsel, upon being…
2Cases cited9 opinions
- Dunn v. SargentMassachusetts Supreme Judicial Court · 1869
- Model Lodging House Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Landon v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Cormerais v. WesselhoeftMassachusetts Supreme Judicial Court · 1874
- Chapman v. KelloggMassachusetts Supreme Judicial Court · 1869
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3Cited by4 opinions
- Atlantic National Bank v. TavenerMassachusetts Supreme Judicial Court · 1881
- Crosby v. ClemMassachusetts Supreme Judicial Court · 1911
- Spooner v. SpoonerMassachusetts Supreme Judicial Court · 1891
- McCowan v. DonaldsonMassachusetts Supreme Judicial Court · 1880