Huckins v. Hunt
Massachusetts Supreme Judicial Court
Contract in two counts. The first count was upon a nonnegotiable promissory note for $217.50, given to the plaintiff by the defendant; the second count was for a like amount, upon an account annexed, for goods sold and delivered by the plaintiff to the defendant before the making of the note. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtMorton, C. J.
The plaintiff does not contend that he is entitled to recover upon the note upon which his first count is founded. The’ note was given in consideration, and upon the secret agreement, that the plaintiff should execute a deed of composition entered into between the defendant and his creditors, which purported to treat all the creditors equally. The decisions are numerous and uniform that such a note is void. Harvey v. Hunt, 119 Mass. 279, and cases cited.
But he contends that he is entitled to recover the balance of his account, for which the note was given, in the same manner as if he had not…
2Cases cited4 opinions
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Horton v. BuffintonMassachusetts Supreme Judicial Court · 1870
- Harvey v. HuntMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- Arcidi v. National Ass'n of Government Employees, Inc.Massachusetts Supreme Judicial Court · 2006
- Duane v. Merchants Legal Stamp Co.Massachusetts Supreme Judicial Court · 1918
- Gross, Kelly & Co. v. BiboNew Mexico Supreme Court · 1914
- Walker v. MayoMassachusetts Supreme Judicial Court · 1886
- Brown v. NealleyMassachusetts Supreme Judicial Court · 1894
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