green
Positive treatment
1.1 score
Top citers, strongest first. 1 distinct citer.
How cited ↗
discussed
Cited "see, e.g."
Arlington Trust Co. v. Pappalardo
Compare the fact situations in Neal v. Wilson, 213 Mass. 336 (1913), and Tanners Nat'l Bank v. Dean, 283 Mass. 151 (1933), with that in Gibbs Oil Co. v. Collentro & Collentro, Inc., 356 Mass. 725 (1969).
Retrieving the full opinion text from the archive…
Gibbs Oil Company
v.
Collentro & Collentro, Inc. & another
v.
Collentro & Collentro, Inc. & another
Massachusetts Supreme Judicial Court.
Oct 30, 1969.
Gary T. Gilbert for the plaintiff., Morris Karll for the defendant Irving Atkin.
Cited by 3 opinions | Published
The evidence in this action of contract indicated that the corporate defendant had purchased fuel oil from the plaintiff and executed a promissory note for $2,600 in payment which the defendant Atkin indorsed as follows: “Waiving presentment and notice and any and all surety defenses. This is a sealed instrument.” A Municipal Court judge found that Atkin was an accommodation indorser “accommodating the plaintiff at the plaintiff’s request in order for the plaintiff to discount the note,” and ruled that Atkin was not liable on his indorsement. The Appellate Division properly dismissed a report for reasons fully stated in the majority opinion of that division. There was no error.
Order dismissing report affirmed.