BATCHELDER v. GRANITE TRUST CO.


339 Mass. 20 (1959)

157 N.E.2d 540

CHARLES S. BATCHELDER vs. GRANITE TRUST COMPANY.

Supreme Judicial Court of Massachusetts, Norfolk.

April 8, 1959.


Attorney(s) appearing for the Case

Norman T. Byrnes, (Arnold W. Hunnewell, Jr., with him,) for the plaintiff.

John F. Carr, for the defendant.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.


SPALDING, J.

The declaration in this action of contract alleges that the plaintiff was the holder of a promissory note which it placed in the defendant's hands for collection and that due to the defendant's failure to make proper presentment to the maker, the indorser, from whom the plaintiff would otherwise have been able to collect the amount of the note, was discharged. The case was heard by a judge on evidence and agreed facts, and he made a general finding for...

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