Gibbs Oil Co. v. Collentro & Collentro, Inc.
Cases that cite this one
3 later published cases cite this decision.
- Union National Bank v. C & C Industrial Painters of New England, Inc. (Mass. Dist. Ct., App. Div. 1984)
- Arlington Trust Co. v. Pappalardo (Mass. 1981)
- Community National Bank v. Dawes (Mass. 1976)
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
The evidence in this action of contract indicated that the corporate defendant had purchased fuel oil from the plaintiff and executed a promissory note for $2,600 in payment which the defendant Atkin indorsed as follows: “Waiving presentment and notice and any and all surety defenses. This is a sealed instrument.” A Municipal Court judge found that Atkin was an accommodation indorser “accommodating the plaintiff at the plaintiff’s request in order for the plaintiff to discount the note,” and ruled that Atkin was not liable on his indorsement. The Appellate Division properly dismissed a report for reasons fully stated in the majority opinion of that division. There was no error.
Order dismissing report affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.