Wheeler v. Johnson
This text of 97 Mass. 39 (Wheeler v. Johnson) 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 maker of a note payable to bearer cannot defeat an action thereon brought in the name of one who had possession of the note at the commencement of the suit and has continued to hold it ever since, by showing that a third party was the real owner of the note, when it appears that such third party has never objected to the possession of the plaintiff and the suit brought by him, but has expressly consented to and ratified such possession and the prosecution of the action. Beekman v. Wilson, 9 Met. 436.
The application of this principle to the facts of the present case shows that the exceptions must be overruled.
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Cite This Page — Counsel Stack
97 Mass. 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-johnson-mass-1867.