15 Mass. 223 (Mass. 1818), Butler v. Damon

CourtUnited States State Supreme Judicial Court of Massachusetts
Citation15 Mass. 223
Docket Number.
PartiesDaniel Butler v. Caleb Damon
DateInvalid date

Page 223

15 Mass. 223 (Mass. 1818)

Daniel Butler

v.

Caleb Damon

Supreme Court of Massachusetts, Hampshire

September, 1818

Page 224

Assumpsit by the endorsee of two promissory notes against the maker. One dated June 28, 1809, for 150 dollars, payable to Marvin Jewell, or order, in sixty-one days, with grace, at the Northampton Bank, endorsed to John Stevenson, or order, and by him to the plaintiff on the 15th of March, 1813. The other note was for 210 dollars, dated May 10, 1810, by Damon to the said Stevenson, or order, payable in one year, and on the 15th of March, 1813, endorsed to the plaintiff.

At the trial before Putnam, J., at the last May term in this county, there was evidence that the plaintiff had said that he was not interested in the notes, and that he had not purchased them of Stevenson, but that they were left with him as collateral security for 50 or 60 dollars, due from Stevenson to him.

The defendant then offered a witness to prove the confession of Stevenson, to which the plaintiff objected; but the witness was admitted, on the ground that, as the suit was for the benefit of Stevenson as well as Butler, as appeared from Butler's confession, the confession of Stevenson was admissible. The witness testified that, in August or September, 1816, Stevenson had said that the notes were not given for any value, but were accommodation notes.

A verdict being returned for the defendant, a new trial was moved for by the plaintiff, on account of the admission of evidence of the confessions of Stevenson, as aforesaid.

New trial ordered.

Mills, for the plaintiff. The plaintiff, as pledgee of the notes, may maintain an action, although he is not interested to the whole amount of them. As between him and the maker, he has the same rights as if he had paid the whole sum due upon the notes, 1 subject to any defence which the defendant could have against the payee. The confessions of the endorser, made after the assignment to the plaintiff, cannot affect the rights of the endorsee. His release would have no operation upon the plaintiff's rights. Stevenson is not to be viewed as a party to the action; and if he were, it could only affect the suit as respects the surplus beyond what is due to Butler. 2 The admission of such evidence would be extremely mischievous, and injurious to the rights of assignees of choses in action not negotiable, as well as to endorsees of negotiable securities. Stevenson could not...

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16 practice notes
  • 35 N.H. 235 (N.H. 1857), Kidder v. Barr
    • United States
    • Supreme Court of New Hampshire
    • Invalid date
    ...and it is not material whether the writing be made as evidence of the trust or not. 1 Greenl. Cruise 355, note 1; Barrell & a. v. Joy, 15 Mass. 223; Adams' Eq. 28; Fisher v. Fields, 10 Johns. 505; Hutchinson v. Tindall, 2 Green. Ch. 357; Chamberlin v. Thompson, 10 Conn. 242; Lewin on Tr......
  • 42 Mass. 416 (Mass. 1840), Thayer v. Crossman
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • Invalid date
    ...Hartford Bank v. Barry, 17 Mass. 94. Packard v. Richardson, 17 Mass. 122. Widgery v. Monroe, 6 Mass. 449. The case of Butler v. Damon, 15 Mass. 223, was not one of usury; but the incompetency of the witness was not the true ground of decision in that case. The defence, which was offered, co......
  • 4 Me. 191 (Me. 1826), Deering v. Sawtel
    • United States
    • Supreme Judicial Court of Maine (US)
    • 1 Mayo 1826
    ...v. Coolidge 7 Mass. 199. Manning v. Wheatland 10 Mass. 502. Worcester v. Eaton 11 Mass. 368. Clarke v. Waite ib. 439. Butler v. Damon 15 Mass. 223. Hartford Bank v. Barry 17 Mass. 96. Packard v. Richardson ib. 126. Winton v. Saidler 3 Johns. Ca. 185. Mann v. Swan 14 Johns. 270. Coleman v. W......
  • 11 N.H. 180 (N.H. 1840), Haines v. Dennett
    • United States
    • Superior Court of New Hampshire
    • Invalid date
    ...7 Mass. 199, and various cases cited in a note to the case of Worcester vs. Eaton, 11 Mass. 375, Mr. Rand's edition. In Butler vs. Damon, 15 Mass. 223, the court say, that a party to a negotiable security shall not be received to show facts antecedent to the transfer, whereby the holder is ......
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10 cases
  • 42 Mass. 416 (Mass. 1840), Thayer v. Crossman
    • United States
    • Massachusetts United States State Supreme Judicial Court of Massachusetts
    • Invalid date
    ...Hartford Bank v. Barry, 17 Mass. 94. Packard v. Richardson, 17 Mass. 122. Widgery v. Monroe, 6 Mass. 449. The case of Butler v. Damon, 15 Mass. 223, was not one of usury; but the incompetency of the witness was not the true ground of decision in that case. The defence, which was offered, co......
  • 11 N.H. 180 (N.H. 1840), Haines v. Dennett
    • United States
    • New Hampshire Superior Court of New Hampshire
    • Invalid date
    ...7 Mass. 199, and various cases cited in a note to the case of Worcester vs. Eaton, 11 Mass. 375, Mr. Rand's edition. In Butler vs. Damon, 15 Mass. 223, the court say, that a party to a negotiable security shall not be received to show facts antecedent to the transfer, whereby the holder is ......
  • 9 Iowa 163 (Iowa. 1859), Grapengether v. Fejervary
    • United States
    • United States State Supreme Court of Iowa
    • Invalid date
    ...Phillips v. The Bank of Lewistown, 18 Penn. 394; Mott v. Clark, 9 Barr 399; Van Renssalaer v. Stafford, Hop. Ch. 569; Warder v. Adams, 15 Mass. 223; 8 Mass. 531; 17 Mass. V. Leonard accounted for the money in his hands, and appropriated it as required by law. It cannot be recovered from him......
  • 15 Me. 112 (Me. 1838), Russell v. Doyle
    • United States
    • Maine Supreme Judicial Court of Maine (US)
    • Invalid date
    ...note. Much less could his declarations be admitted for that purpose. Churchill v. Suter, 4 Mass. 156; 17 Johns. R. 176; Butler v. Damon, 15 Mass. 223; Adams v. Carver, 6 Greenl, 390; Manning v. Wheatland, 10 Mass. 502; 14 Johns. 270; Houghton v. Page, 1 N.H. 60. 3. The declarations are inad......
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