Toole v. Crafts
Massachusetts Supreme Judicial Court
Contract on a promissory note against the maker and the indorser as stated in the first paragraph of the opinion. Writ in the Police Court of Holyoke dated August 2, 1904. On appeal to the Superior Court the case was tried before Flaherty, J. The defendant, Howard A. Crafts, the maker of the note, admitted his liability and the judge ordered a verdict for the plaintiff as against him.
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Contract on a promissory note against the maker and the indorser as stated in the first paragraph of the opinion. Writ in the Police Court of Holyoke dated August 2, 1904. On appeal to the Superior Court the case was tried before Flaherty, J. The defendant, Howard A. Crafts, the maker of the note, admitted his liability and the judge ordered a verdict for the plaintiff as against him. At the close of the evidence the defendant Linus D. Crafts, the indorser of the note, asked the judge to rule that on the pleadings and the evidence the plaintiff could not recover against him, and also asked…
1Opinion of the Court
Hammond, J,
This is an action upon a promissory note dated April 2, 1900, signed by the defendant Howard A. Crafts and payable to the order of the plaintiff on demand. Before its delivery to the plaintiff the other defendant Linus D. Crafts,.who alone defends, placed his name upon the back of it. He is therefore liable only as an indorser. St. 1898, c. 533, § 63, now R. L. c. 73, § 80. No demand sufficient to charge him as indorser ever was made upon the maker, and, if the matter had stood there, his defence would have been perfect. But the matter did not stand there. Upon June 27, 1904, when…
2Cases cited2 opinions
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