Leavitt v. Wintman

• Decision Date: 10 December 1919
• Citation: 125 N.E. 390,234 Mass. 248
• Parties: LEAVITT v. WINTMAN.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

234 Mass. 248

125 N.E. 390

LEAVITT

v.WINTMAN.

Supreme Judicial Court of Massachusetts, Suffolk.

Dec. 10, 1919.

Report from Superior Court, Suffolk County; Patrick M. Keating, Judge.

Action by Peter M. Leavitt against Isidore Wintman, resulting in verdict for plaintiff. On report to the Supreme Judicial Court. Judgment ordered for plaintiff.

Benjamin A. Levy, of Boston, for plaintiff.

William I. Schell, of Boston, for defendant.

RUGG, C. J.

This is an action of contract on ten promissory notes each for $50 made by the defendant to the order of himself and endorsed in blank by himself and by Arthur Koerner and Elizabeth Koerner who are husband and wife. The plaintiff became holder for value after maturity. The plaintiff lent $500 to Arthur Koerner at the request of Elizabeth Koerner at the same time asking for security. Later Elizabeth Koerner handed to the plaintiff the notes in question.

There was evidence that Mrs. Koerner being the owner, sold an automobile to the defendant; on account of payment therefor he gave the several notes here in suit each endorsed in blank by himself to Arthur Koerner who acted in taking and endorsing the notes solely as agent for his wife. The defendant offered testimony tending to show that he gave the notes to Arthur Koerner for his accommodation and not in payment for the automobile.

That issue of fact must be held by the verdict to have been settled in favor of the plaintiff. It becomes unnecessary to consider what the rights of the parties would be, if the defendant's contention of fact had been established.

The only question of law presented is whether there was error in the refusal of the trial judge to grant this request of the defendant for a ruling:

‘The endorsement of the notes by Arthur Koerner to his wife, Elizabeth Koerner, and by her endorsed and delivered to the plaintiff was void, and does not enable the plaintiff to sue on the notes in his own name.’

A promissory note payable to the order of the maker and by him endorsed in blank becomes in effect payable to bearer even though there are other endorsements in blank. See R. L. c. 73, § 26, cl. 5. Subsequent endorsements in blank need not be considered so far as concerns passing title to the paper. If the endorsement of the husband was merely as agent for the wife, and he never was owner of it, there was no invalidity in the transaction. If his participation was for the purpose of adding his name as endorser, that also might be done. Foster v. Leach, 160 Mass. 418, 36 N. E. 69;Binney v. Globe National Bank, 150 Mass. 574, 23 N. E. 380,6 L. R. A. 379. The plaintiff was holder...