Costelo v. Crowell
Cases that cite this one
31 later published cases cite this decision. The 25 that cite it most often are listed here.
- First Federal Savings & Loan Ass'n v. Monarski (Mass. Dist. Ct., App. Div. 1963)
- Gloucester Mutual Fishing Insurance v. Boyer (Mass. 1936)
- Ivory v. Lamoreaux (Mich. 1928)
- Iron City N. Bank v. McCord (Pa. 1891)
- Alcoa Credit Co. v. Nickerson (Mass. Dist. Ct., App. Div. 1968)
- United States v. Farrington (District Court, D. Massachusetts 1959)
- Barron v. Boynton (Me. 1940)
- State Trading Corp. v. Toepfert (Mass. 1939)
- Newman v. Schwarz (La. Ct. App. 1934)
- Fayetteville Building & Loan Ass'n v. Crouch (W. Va. 1934)
- Economy Fuse & Manufacturing Co. v. Standard Electric Manufacturing Co. (Ill. App. Ct. 1934)
- Maksymiuk v. Puceta (Mass. 1932)
- First National Bank v. Wolfson (Mass. 1930)
- Mayo v. Fitchburg & Leominster Street Railway Co. (Mass. 1929)
- Pierce, Butler & Pierce Manufacturing Corp. v. Daniel Russell Boiler Works, Inc. (Mass. 1928)
- Eastern Mutual Insurance v. Atlantic National Bank (Mass. 1927)
- Whittier v. First National Bank (Colo. 1923)
- National Bank of Newbury v. Wentworth (Mass. 1914)
- Greenbrier Valley Bank v. Bair (W. Va. 1913)
- Neyens v. Port (Pa. Super. Ct. 1911)
- Gazlay v. Riegel (Pa. Super. Ct. 1901)
- Cherry v. Sprague (Mass. 1901)
- American Gas & Ventilating Machine Co v. Wood (Me. 1897)
- Moore v. Edwards (Mass. 1896)
- American National Bank v. American Wood Paper Co. (R.I. 1895)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Whether, by the general law merchant, the note in suit would be deemed a negotiable note is a question upon which the authorities are by no means uniform. See Brill v. Crick, 1 M. & W. 232; Jury v. Barker, E. B. & E. 459; Williams v. Waring, 10 B. & C. 2; Haussoullier v. Hartsinck, 7 T. R. 733; Wise v. Charlton, 4 A. & E. 786; Fancourt v. Thorne, 9 Q. B. 312;
In this Commonwealth, however, it is settled by an uninter* rupted series of decisions, that any language, put upon any portion of the face or back of a promissory note, which has relation to the subject-matter of the note, by the maker of it before delivery, is a part of the contract; and that if by such language payment of the amount is not necessarily to be made at all events, and of the full sum in lawful money, and at a time certain to arrive, and subject to no contingency, the note is not negotiable. Jones v. Fales, 4 Mass. 245. Springfield Bank v. Merrick, 14 Mass. 322. Heywood v. Perrin, 10 Pick. 228. Makepeace v. Harvard College, 10 Pick. 298. Wheelock v. Freeman, 13 Pick. 165. Barnard v. Cushing, 4 Met. 230. Cota v. Buck, 7 Met. 588. Osgood v. Pearsons, 4 Gray, 455. Palmer v. Ward, 6 Gray, 340. Hubbard v. Mosely, 11 Gray, 170. Haskell v. Lambert, 16 Gray, 592. Way v. Smith, 111 Mass. 523. Stults v. Silva, 119 Mass. 137.
The words written upon the face of the note, “ given as collateral security with agreement,” being incorporated in and made part of the contract, indicate with clearness that there may be a contingency, to wit, the performance of the undertaking to which this is collateral, in which it would not be payable; and so it lacks that element of negotiability which requires that at all events a sum certain shall be payable at a time certain. As this is decisive of the case, it is unnecessary to consider any other question. Exceptions sustained.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.