Gibbs Oil Co. v. Collentro & Collentro, Inc.
This text of 252 N.E.2d 217 (Gibbs Oil Co. v. Collentro & Collentro, Inc.) 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.
Opinion
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.
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Cite This Page — Counsel Stack
252 N.E.2d 217, 356 Mass. 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbs-oil-co-v-collentro-collentro-inc-mass-1969.