Marston v. Bigelow
Massachusetts Supreme Judicial Court
Contract, by the administratrix of the estate of Smith Curtis, foi a balance due upon the following promissory note: “ Boston, April 1, 1876. For value received, I promise to pay to Smith Curtis, or order, the sum of ten thousand dollars, five years from date, at the rate of six, 6|, one half per cent per annum, payable semiannually.
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Contract, by the administratrix of the estate of Smith Curtis, foi a balance due upon the following promissory note: “ Boston, April 1, 1876. For value received, I promise to pay to Smith Curtis, or order, the sum of ten thousand dollars, five years from date, at the rate of six, 6|, one half per cent per annum, payable semiannually. Six months’ notice in writing to be given to promisor or his representative if payment at the end of said term will be required, or before enforcing payment if said note is allowed to run over the term above limited, this note being given in full satisfaction and…
1Opinion of the CourtMorton, C. J.
The defendant offered to prove, as a defence to the note sued on, that on January 29, 1879, which was before the note matured, his father, Samuel Bigelow, conveyed to the plaintiff’s intestate a piece of land; that a part of the consideration, namely, seventeen hundred and seventy dollars, was paid, and indorsed upon this note; and that in consideration thereof the plaintiff’s intestate agreed never to molest or trouble the defendant by suit for the balance due upon the note. This is not an offer to prove a satisfaction and discharge of the note. Indeed, such a defence is not open under the…
2Cases cited3 opinions
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
3Cited by28 opinions
- United States v. Thomas E. JoyceCourt of Appeals for the Seventh Circuit · 1974
- Nash v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Echavarria v. National Grange Mutual InsuranceSupreme Court of Connecticut · 2005
- Dahlstrom Metallic Door Co. v. Evatt Construction Co.Massachusetts Supreme Judicial Court · 1926
- Evans, Coleman & Evans, Ltd. v. PistorinoMassachusetts Supreme Judicial Court · 1923
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