Home/Massachusetts Supreme Judicial Court/Garland v. President, Directors, & Co.

Garland v. President, Directors, & Co.

9 Mass. 408
CourtMassachusetts Supreme Judicial Court
DecidedNovember 15, 1812
StatusPublished
Cited by35 cases

This text of 9 Mass. 408 (Garland v. President, Directors, & Co.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garland v. President, Directors, & Co., 9 Mass. 408 (Mass. 1812).

Opinion

By the Court.

Upon the facts in this case, it is our opinion that the plaintiff was under no legal obligation to pay the money which he did in discharge of the note, which he had endorsed; as there had been no regular demand upon the maker. He paid the money under a misapprehension of the facts, as well as a mistake of the law.

It is true that the defendants acted in the character of agent for Cross, the holder of the note ; but before they had done any thing more than pass the amount received to the credit of Cross, they were informed that the plaintiff claimed the money to be repaid to him.

Judgment on the verdict.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Havey v. Ericson
21 Mass. App. Dec. 141 (Mass. Dist. Ct., App. Div., 1961)
Bucci v. Bena
20 Mass. App. Dec. 98 (Mass. Dist. Ct., App. Div., 1958)
Peninno v. Woodbridge
7 Mass. App. Div. 31 (Mass. Dist. Ct., App. Div., 1942)
Kremer v. Lewis
163 N.W. 732 (Supreme Court of Minnesota, 1917)
Alexander v. Coyne
85 S.E. 831 (Supreme Court of Georgia, 1915)
Blizzard v. Brown
139 N.W. 737 (Wisconsin Supreme Court, 1913)
State v. Omaha National Bank
93 N.W. 319 (Nebraska Supreme Court, 1903)
First National Bank v. Laughlin
61 N.W. 473 (North Dakota Supreme Court, 1894)
Morrow Shoe Manuf'g Co. v. New England Shoe Co.
57 F. 685 (Seventh Circuit, 1893)
Phetteplace v. Bucklin
27 A. 211 (Supreme Court of Rhode Island, 1893)
Parks v. Smith
28 N.E. 1044 (Massachusetts Supreme Judicial Court, 1891)
Cabot v. Shaw
20 N.E. 99 (Massachusetts Supreme Judicial Court, 1889)
Commonwealth v. Reading Savings Bank
133 Mass. 16 (Massachusetts Supreme Judicial Court, 1882)
Fernald v. Bush
131 Mass. 591 (Massachusetts Supreme Judicial Court, 1881)
Talbot v. National Bank of the Commonwealth
129 Mass. 67 (Massachusetts Supreme Judicial Court, 1880)
Call v. Houdlette
70 Me. 308 (Supreme Judicial Court of Maine, 1879)
Central National Bank of the New York v. Valentine
25 N.Y. Sup. Ct. 417 (New York Supreme Court, 1879)
Eagan v. Ætna Fire & Marine Insurance
10 W. Va. 583 (West Virginia Supreme Court, 1877)
Dresser v. Missouri & Iowa Railway Construction Co.
93 U.S. 92 (Supreme Court, 1876)
Montgomery v. Hamilton
43 Ind. 451 (Indiana Supreme Court, 1873)

Cite This Page — Counsel Stack

Bluebook (online)
9 Mass. 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garland-v-president-directors-co-mass-1812.