312 Mass. 458 | Mass. | 1942
This is an action against one of the comakers of two promissory notes which were made in New York but were payable in Florida. The action is brought by the payee of one note and the indorsee of the other. At the trial in the Superior Court the judge found that the defendant made the notes, that a payment was made on them as late as January, 1931, within six years before the commencement of the action, and that the plaintiff is a holder in due course for value.
After a finding for the plaintiff, the defendant filed a bill of exceptions, and also claimed an appeal. The judge also reported the case.
The points raised by the defendant in this case are (1) that the notes were improperly received in evidence, and (2) that the notarial protests attached to the notes were improperly received in evidence.
No proof of signature was required, for the defendant, though denying the signatures, failed to demand proof of them, as required by G. L. (Ter. Ed.) c. 231, § 29. Scholl
The appeal was not within G. L. (Ter. Ed.) c. 231, § 96, and must be dismissed. The whole case may be disposed of on the report, without considering the bill of exceptions. On the report, judgment is to be entered for the plaintiff on the finding.
So ordered.