Legal Opinion

Carpenter v. Farnsworth

Massachusetts Supreme Judicial Court

Decided March 15, 1871PublishedCited by 41 opinions

Contract on a bank check, of the face of which the following is a copy: The case was submitted to the judgment of the superior court, and, on appeal, of this court, on facts agreed substantially as follows : The iEtna Mills owed Chamberlin $19.20 for an order accepted by them payable to him or order, and Chamberlin indorsed the order to the plaintiff, who requested the defendant to pay it, whereupon the defendant, who was the treasurer of the iEtna Mills and authorized to…

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Contract on a bank check, of the face of which the following is a copy: The case was submitted to the judgment of the superior court, and, on appeal, of this court, on facts agreed substantially as follows : The iEtna Mills owed Chamberlin $19.20 for an order accepted by them payable to him or order, and Chamberlin indorsed the order to the plaintiff, who requested the defendant to pay it, whereupon the defendant, who was the treasurer of the iEtna Mills and authorized to sign checks for them, gave the plaintiff the check declared on. The Boston National Bank refused payment of the check, and…

1Opinion of the CourtGray, J.

The writing sued on, being payable in the alternative to.either of the persons named or order, would seem not to be a negotiable instrument. Osgood v. Pearsons, 4 Gray, 455. But it is immaterial whether it is or is not. If it is, the question who is liable thereon as drawer must in all cases be determined from the instrument itself. Tucker Manufacturing Co. v. Fairbanks, 98 Mass. 101, 104, and authorities there cited. If it is not, there is nothing in the circumstances under which it was made to show an intention to charge the defendant personally, *562for it is admitted to have been given in…

2Cases cited1 opinion

  1. Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867

3Cited by41 opinions

  1. Fidelity & Deposit Co. v. Queens County Trust Co.New York Court of Appeals · 1919
  2. Falk v. MoebsSupreme Court of the United States · 1888
  3. Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
  4. Austin, Nichols Co., Inc. v. GrossSupreme Court of Connecticut · 1923
  5. Produce Exchange Trust Co. v. BieberbachMassachusetts Supreme Judicial Court · 1900

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