Shawmut National Bank v. Manson
Massachusetts Supreme Judicial Court
Contract, upon a check, for $892.50, signed by the defendant Manson, payable to the order of and indorsed by the defendants A. D. Pennycuick and Company, dated December 21, 1895, and containing under the name of the indorser the words, “ Endorsement guaranteed. Pay only through Clearing House to Shawmut National Bank, Boston. J. C. Tufts, Cashier.” The defendants Pennycuick and Company filed a general denial, but did not appear at the trial.
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Contract, upon a check, for $892.50, signed by the defendant Manson, payable to the order of and indorsed by the defendants A. D. Pennycuick and Company, dated December 21, 1895, and containing under the name of the indorser the words, “ Endorsement guaranteed. Pay only through Clearing House to Shawmut National Bank, Boston. J. C. Tufts, Cashier.” The defendants Pennycuick and Company filed a general denial, but did not appear at the trial. The defendant Manson filed a general denial, and also set up that the check was tainted with illegality, in that it was given in settlement of margins on…
1Opinion of the CourtField, C. J.
The finding of the court, that “ the plaintiff is a bona fide holder for value,” renders the first two requests of the defendant Manson for rulings immaterial. The check was deposited with the plaintiff on the day of its date, and therefore cannot be considered as overdue when it was taken by the plaintiff. See Ames v. Merriam, 98 Mass. 294; First National Bank of Rochester v. Harris, 108 Mass. 514; Bill v. Stewart, 156 Mass. 508.
The plaintiff received the check from the payees, who indorsed it, and credited the amount of- the check to the payees in their account as depositors, and permitted…
2Cases cited3 opinions
- Ames v. MeriamMassachusetts Supreme Judicial Court · 1867
- First National Bank v. HarrisMassachusetts Supreme Judicial Court · 1871
- Bill v. StewartMassachusetts Supreme Judicial Court · 1892
3Cited by12 opinions
- Old National Bank v. GibsonWashington Supreme Court · 1919
- Aebi v. Bank of EvansvilleWisconsin Supreme Court · 1905
- Bath National Bank v. Ely N. Sonnenstrahl, Inc.New York Court of Appeals · 1928
- Universal C.I.T. Credit Corp. v. Guaranty Bank & Trust Co.District Court, D. Massachusetts · 1958
- Boston-Continental National Bank v. Hub Fruit Co.Massachusetts Supreme Judicial Court · 1934
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