Cotting v. Foster
Massachusetts Supreme Judicial Court
Contract in the name of the executors of the will of John Foster, late of Boston, on a promissory note, made by John Foster of Manchester, New Hampshire, alleged to have been assigned and transferred by John Foster, late of Boston, to George Foster in trust for certain persons, for whose benefit the suit was alleged to have been brought.
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Contract in the name of the executors of the will of John Foster, late of Boston, on a promissory note, made by John Foster of Manchester, New Hampshire, alleged to have been assigned and transferred by John Foster, late of Boston, to George Foster in trust for certain persons, for whose benefit the suit was alleged to have been brought. Writ dated May 4, 1899. The note as set forth in the declaration was as follows : “$2352.98/100. Boston, January 1, 1880. For value received I promise to pay to the order of John Foster, of Boston, twenty-three hundred fifty-two dollars 93/100 on demand, with…
1Opinion of the CourtHammond, J.
This is an action upon a promissory note, brought in the names of the executors of the payee for the benefit of his estate and of the estate of George Foster, to whom the note had been delivered by the payee with a certain writing indorsed thereon. In the court below the action was dismissed on the motion of the plaintiffs themselves, and the case is before us upon an appeal from the order of dismissal by certain attorneys representing themselves as “ attorneys of record for the plaintiffs, and representing the estate beneficially interested in said suit.” We construe this as an appeal by…
2Cases cited5 opinions
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Troeder v. HyamsMassachusetts Supreme Judicial Court · 1891
- Mosher v. AllenMassachusetts Supreme Judicial Court · 1820