Woods v. Woods
Massachusetts Supreme Judicial Court
Contract against Robert P. Woods and Levi Wallace, co-partners doing business under the firm name of Woods & Wallace, Henry Parkinson and Charles Tarbell, upon a promissory note for $5000, dated July 1, 1873, payable three months after date to the order of, and indorsed by, Henry A. Woods, and signed on the face by Woods & Wallace, and by Parkinson, and on the back by Tarbell, whose name appeared above that of the payee.
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Contract against Robert P. Woods and Levi Wallace, co-partners doing business under the firm name of Woods & Wallace, Henry Parkinson and Charles Tarbell, upon a promissory note for $5000, dated July 1, 1873, payable three months after date to the order of, and indorsed by, Henry A. Woods, and signed on the face by Woods & Wallace, and by Parkinson, and on the back by Tarbell, whose name appeared above that of the payee. At the trial in the Superior Court, before Gardner, J., the issues were whether the note in question was wholly or in part paid by Robert P. Woods by two notes for $2500…
1Opinion of the CourtColt, J.
The plaintiff, for the accommodation of the firm of Woods & Wallace, indorsed a note for $5000, signed by them and the defendant Parkinson on the face, and by the defendant Tarbell on the back, and made payable to the plaintiff’s order. This note was discounted by the bank, and was paid when due by two notes of $2500 each, payable to the plaintiff’s order and indorsed by him and others, the note in suit being then delivered to the plaintiff. There was no question at the trial but that the note in suit had been paid; the question was by whom. The plaintiff contended that it was paid by him.…
2Cited by5 opinions
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