Blanchard v. Stevens
Massachusetts Supreme Judicial Court
This was an action of assumpsit against the defendant, as the indorser of two promissory notes; one dated October 27th, 1840, for $2600, and the other dated December 16th, 1840, for $1450; payable, respectively, in three months, and signed by P. & B. S. Hale, as promisors.
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This was an action of assumpsit against the defendant, as the indorser of two promissory notes; one dated October 27th, 1840, for $2600, and the other dated December 16th, 1840, for $1450; payable, respectively, in three months, and signed by P. & B. S. Hale, as promisors. At the trial, which was before Wilde, J., the execution and indorsement of both notes, and the demand and notice thereon, being duly proved, the defendant introduced evidence tending to show, that he was induced to indorse these and other notes of the Hales, by their representations that the same were to be used for the…
1Opinion of the CourtDewey, J.
There is some obscurity on the face of the report of this case, and instructions are asked and given upon a supposed state of facts, which could not have existed; inasmuch as the Hales could not have been the plaintiffs in a suit upon these notes, they being the makers, and the defendant being their accommodation indorser.
We understand, however, that the real question intended to be presented is, whether the plaintiffs, having received these notes either in payment of, or as collateral security for, a precedent debt, must take them subject to all the equities existing between the original…
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- Consumers' Brewing Co. v. HardwayOhio Court of Appeals · 1913