245 Mass. 402 | Mass. | 1923
The indorsement of the note in the firm name by one member without the knowledge of his partner does not on the record relieve the defendant from liability. The plaintiff having given value and acquired title before maturity without knowledge of the circumstances under which the indorsement was made ordinarily would be a holder in due course. G. L. c. 107, § 75. Merchants National Bank v. Marden, Orth & Hastings Co. 234 Mass. 161, 168. But the defendant contends that under the order of the indorsements appearing on the note it is manifest that the note did not pass from the possession of the payee until negotiated by the payee to the plaintiff, and therefore the indorsement was for the accommodation of the payee, of which the plaintiff had notice. The judge however has found that the indorsement was for the accommodation of the maker, and this finding is conclusive. Goodman v. Gaull, 244 Mass. 528. The cases of National Bank of the Commonwealth v. Law, 127 Mass. 72, Harrington v. Baker, 173 Mass. 488, 490, J. G. Brill Co. v. Norton & Taunton Street Railway, 189 Mass. 431, relied
So ordered.