Smith v. Whiting

Decided October 15, 1812

Massachusetts Supreme Judicial Court · decided 1812-10-15

Case, “ for that the said Aaron, at, &e., on, &c., by his note under his hand of that date, for value received in a debt due to the estate of Ephraim Pollard, deceased, promised John Hartwell and Mary Pollard, executors of the last will of said Ephraim.

Good law ✅— No negative treatment on recordhow we know

Decided 1812-10-15

How this case has been cited

Cited by 9 later decisions — most recently June 1926

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Court

¶1observed that, having to ked into the cases cited in the argument, they were satisfied that the defendant must prevail. The question is, whether one of two executors is competent to transfer, by endorsement, a negotiable promissory note made to the two in their character of executors. The promisees, not being copartners, had each but a moiety. One, therefore, could not assign the whole. Nor was it competent for him to assign his moiety, (a)

¶2Declaration adjudged had

¶3 [Mangram vs Sirurus, 1 Car L. R. 547. — Ed.]