Massachusetts Supreme Judicial Court, 1885

Scott v. Calkin

Scott v. Calkin
Massachusetts Supreme Judicial Court · Decided June 24, 1885 · Allen
139 Mass. 529; 2 N.E. 675; 1885 Mass. LEXIS 142

Scott v. Calkin

Opinion of the Court

W. Allen, J.

The indorsement of the note by the defendant Cherrington, under the circumstances proved, imported a guaranty of the payment of the note to the plaintiff, and gave *531him authority to write, over her name, the contract implied by law; and this, if necessary at all, could be done during the trial. Josselyn v. Ames, 3 Mass. 274. Tenney v. Prince, 4 Pick. 385.

The finding of the court renders immaterial the question whether demand and notice were necessary.

Judgment for the plaintiff.

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