Hawes v. Ryder
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that “ the defendant made a promissory note, a copy whereof with the indorsements thereon is hereto annexed, payable to William Wilcox or order, who indorsed the same to the plaintiff, and the defendant owes the plaintiff the amount of said note and interest,” and set forth a copy of the note and indorsements.
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Contract. The declaration alleged that “ the defendant made a promissory note, a copy whereof with the indorsements thereon is hereto annexed, payable to William Wilcox or order, who indorsed the same to the plaintiff, and the defendant owes the plaintiff the amount of said note and interest,” and set forth a copy of the note and indorsements. Answer, that “ the defendant denies that the plaintiff is the holder of any such note as he has declared upon, and that he owes the plaintiff the amount thereof, or any part thereof.” At the trial in the superior court, before Brigham, J., the plaintiff…
1Opinion of the Court
. Gray, J.
This case presents a nice question of pleading The declaration follows the forms annexed to the practice act, and alleges with substantial precision and certainty the making of the note declared on and its indorsement to the plaintiff. The answer simply denies that the plaintiff is the holder of the note. The further denial that the defendant owes the plaintiff *217the amount of the note or any part thereof is, like the corresponding allegation at the close of the declaration, a mere conclusion of law, and not a substantive averment or precise denial of a distinct fact. Framingham Bank…
2Cases cited1 opinion
- Davis v. TravisMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- Charbonnier v. AmicoMassachusetts Supreme Judicial Court · 1975
- Hill v. CromptonMassachusetts Supreme Judicial Court · 1876
- Foster v. LeachMassachusetts Supreme Judicial Court · 1894
- Western Union Telegraph Co. v. RussellCourt of Appeals of Texas · 1895
- Peirce v. Cohasset Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1878
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