National Pemberton Bank v. Lougee
Massachusetts Supreme Judicial Court
Contract, brought February 12, 1869, against William H. Lougee and Milton A. Bailey, late partners under the firm of Lougee & Bailey; Charles Ingalls and James Ingalls, partners under the firm of Charles Ingalls & Son; and James W. Bailey ; on a promissory note, of which the following is a copy, with its indorsements: “ $4000. Lawrence, September 17, 1868. Three months after date, for value received, we, Lougee & Bailey, as principal, and Charles Ingalls & Son and James W.…
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Contract, brought February 12, 1869, against William H. Lougee and Milton A. Bailey, late partners under the firm of Lougee & Bailey; Charles Ingalls and James Ingalls, partners under the firm of Charles Ingalls & Son; and James W. Bailey ; on a promissory note, of which the following is a copy, with its indorsements: “ $4000. Lawrence, September 17, 1868. Three months after date, for value received, we, Lougee & Bailey, as principal, and Charles Ingalls & Son and James W. Bailey as surety, promise to pay to the order of ourselves four thousand dollars. “ Lougee & Bailey.” Indorsed, “ William…
1Opinion of the CourtColt, J.
The question whether James W. Bailey incurred any liability by putting his name upon this note, and if so, what that liability is, must be determined by the rules of law applicable to contracts of this description, and by the terms of the contract interpreted so as to give effect, if possible, to the intention of the parties.
It is argued by the defendant, that he only assumed, by his signature on the back of the note, that form of liability which is declared in the body of it, namely, the liability of surety and *373joint promisor, and as the note is payable in words “ to the order of ourselves,”…
2Cases cited1 opinion
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
3Cited by6 opinions
- State v. Burchfield Bros.Supreme Court of Alabama · 1924
- Blackmer v. DavisMassachusetts Supreme Judicial Court · 1880
- Aitchison Et Ux. v. AndersonCourt of Appeals for the Ninth Circuit · 1950
- Bradford v. PrescottSupreme Judicial Court of Maine · 1893
- Baldwin v. DowMassachusetts Supreme Judicial Court · 1881
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