Tower v. Stanley
Massachusetts Supreme Judicial Court
Three bills in equity, filed in the Supreme Judicial Court, the first on October 10 and the second and third on October 20, 1913. In the first bill the plaintiff sought to compel the defendant, as executor of the will of Sumner C. Stanley, to deliver to him a policy of life insurance issued by the Connecticut Mutual Life Insurance Company and an instrument purporting to assign the plaintiff’s rights therein to Sumner C. Stanley, alleging that the assignment, “although…
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Three bills in equity, filed in the Supreme Judicial Court, the first on October 10 and the second and third on October 20, 1913. In the first bill the plaintiff sought to compel the defendant, as executor of the will of Sumner C. Stanley, to deliver to him a policy of life insurance issued by the Connecticut Mutual Life Insurance Company and an instrument purporting to assign the plaintiff’s rights therein to Sumner C. Stanley, alleging that the assignment, “although apparently bearing the plaintiff’s signature, was, if signed by the plaintiff, materially altered after the plaintiff signed…
1Opinion of the CourtBraley, J.
The plaintiff’s promissory notes described in the second and third suits having been materially altered after delivery and before maturity, without his knowledge or consent, by one Williams, of whom he hired the money, raising the amounts, and also in two of them inserting a clause for interest and in the other two by increasing the rate of interest, the defendant at common law could not enforce either note against the maker. Greenfield Savings Bank v. Stowell, 123 Mass. 196,198, and cases cited.
But under R. L. c. 73, § 141, this rule was changed and “when an instrument has been materially…
2Cases cited20 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Fillebrown v. HaywardMassachusetts Supreme Judicial Court · 1906
- Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
- Liberty Trust Co. v. TiltonMassachusetts Supreme Judicial Court · 1914
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- National Investment & Security Co. v. CoreyMassachusetts Supreme Judicial Court · 1916
- Jerome v. Eastern Finance Corp.Massachusetts Supreme Judicial Court · 1944
- Loring v. GoodhueMassachusetts Supreme Judicial Court · 1927
- Karlsberg v. FrankMassachusetts Supreme Judicial Court · 1933
13 more not listed; retrieve them via the Exa API.