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34 Mass. 244

Pierce v. Mann

Massachusetts Supreme Judicial Court

Decided October 15, 1835

Massachusetts Supreme Judicial Court · decided 1835-10-15

<p>The defendant put his name on the back of a negotiable note, to enable the payee to get the note discounted, and subsequently the payee negotiated the note, at the same time indorsing his own name above the defendant’s name. It was held, that the defendant xvns to be regarded as an indorser, and that he was not liable as a promisor or a guarantor.</p>

Decided 1835-10-15

Per Curiam.

¶1It is not necessary to consider the question whether the parol evidence introduced by the plaintiff was admissible, for the facts testified do not show, (and perhaps have no tendency to show,) that the defendant was an original promisor or a guarantor. There was no request to him to sign as one or the other, but he put his name on the back of the note to enable the payee to get it discounted at the bank. It is not unusual in business, for a third person to indorse a note before it is indorsed by the payee ; who is to put his name upon it at the time when it is discounted. Here the plaintiffs agreed to take the note if Heard would put his name upon it; which he did, above the name of the defendant; and the plaintiffs must be understood to have taken it as a common indorsed note. The facts do not imply an authority to write a guarantee over the defendant’s name.

¶2 JVonsuit made absolute. ■

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