371 Mass. 839

December 9, 1976 - February 8, 1977

Worcester County

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.

A check for $20,000, payable to the plaintiff, executed in 1969 and postdated to 1984, and indorsed by the drawer, "For Edward Joseph Smith Gentilotti My Son If I should pass away The amount of $20000.00 dollars Shall be taken from My Estate at death," was a valid negotiable instrument, payable upon the drawer's death. [839-841]

PETITION IN EQUITY filed in the Probate Court for the county of Worcester on December 18, 1973. The case was reported by Conlin, J., to the Appeals Court. The Supreme Judicial Court, on its own initiative, ordered direct review.

Stephen P. Weitz for the plaintiffs.

William A. Murray, III, for the defendant.

Business Law

Legal Analysis Requirements:

For the written legal analysis, students should review the selected case and present a clear analysis of the case. The analysis should be a concise, short paper. The following areas should be covered in the analysis:

1. The case name and the year it was decided?

2. Who was the plaintiff and what was the plaintiff's argument?

3. Who was the defendant and what was the defendant's argument?

4. Is the case provided a trial court case, an appeals court case or a Supreme Court case?

5. What was the court's decision in the case?

6. Was the court's decision a good decision? Why or why not? Explain.

7. Should the court's final decision change? Why or why not? Explain.

8. Is this a good law? Why or Why not? Explain.

9. Should the law change? Explain.

10. As a business manager or administrator why would this case be important for you in your job? Explain.

11. What management lessons can you learn and take away from this case? Explain