Shawmut Commercial Paper Co. v. Auerbach
Massachusetts Supreme Judicial Court
Contract against Louis Auerbach and Edgar S. Hill, described in the writ as copartners doing business under the name and style of Auerbach, Hill & Co., as indorsers of two negotiable promissory notes. Writ in the Municipal Court of the City of Boston dated January 24, 1911. On appeal to the Superior Court, the case was heard by Hitch-code, J., without a jury.
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Contract against Louis Auerbach and Edgar S. Hill, described in the writ as copartners doing business under the name and style of Auerbach, Hill & Co., as indorsers of two negotiable promissory notes. Writ in the Municipal Court of the City of Boston dated January 24, 1911. On appeal to the Superior Court, the case was heard by Hitch-code, J., without a jury. It appeared that the indorsement on the back of the note was “Auerbach, Hill & Co.,” and was written by the defendant Auerbach. Auerbach was president and Hill was treasurer of the corporation Auerbach, Hill & Co. The other material…
1Opinion of the CourtMorton, J.
This is an action upon two promissory notes, one for $400 and the other for $575, both signed by Charles O. Holway and made payable to Auerbach, Hill & Co. and indorsed by Auerbach, Hill & Co. and discounted by the plaintiff. In the writ the defendants are described as “copartners doing business under the style and firm name of Auerbach, Hill & Co.” The defendants denied that they were or ever had been copartners, but contended that the indorsements were the indorsements of a corporation of the name of Auerbach, Hill & Co., organized under the laws of Maine. The case was tried by a judge…
2Cases cited1 opinion
- Ward v. BrighamMassachusetts Supreme Judicial Court · 1879
3Cited by6 opinions
- Judkins v. TullerMassachusetts Supreme Judicial Court · 1931
- Shoolman v. Wales Manufacturing Co.Massachusetts Supreme Judicial Court · 1954
- Mountain Home Redi-Mix v. Conner Homes, Inc.Idaho Supreme Court · 1967
- Miller v. WilliamsonWashington Supreme Court · 1924
- In re Pratt Laundry Co.District Court, D. Connecticut · 1924
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