Delano v. Bartlett
Massachusetts Supreme Judicial Court
This was an action of assumpsit, tried before Fletcher, J., in this court, on a note of which the following is a copy: — “ $1500. Faii-haven, Jan. 23,1838. For value received, we, Ivory H. Bartlett as principal, and Thomas Cole as surety jointly and severally promise to pay Hannah B. Delano administratrix of the estate of the late Flavius Delano of Fair-haven, deceased, fifteen hundred dollars on demand with interest. I. H. Bartlett. Thomas Cole.”
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This was an action of assumpsit, tried before Fletcher, J., in this court, on a note of which the following is a copy: — “ $1500. Faii-haven, Jan. 23,1838. For value received, we, Ivory H. Bartlett as principal, and Thomas Cole as surety jointly and severally promise to pay Hannah B. Delano administratrix of the estate of the late Flavius Delano of Fair-haven, deceased, fifteen hundred dollars on demand with interest. I. H. Bartlett. Thomas Cole.” The plaintiff produced the note, and the signatures being admitted, there rested her case. The defence relied on was a want of consideration. On…
1Opinion of the CourtFletcher, J.
The plaintiff having produced the note on *366which this action was brought, and the signatures being admitted, rested her case on that evidence. The defence relied on at the trial was a want of consideration. To maintain this defence, the defendants offered evidence, that the sum received by Bartlett of the plaintiff, and for which the note was given, was Bartlett’s own money, and was paid to him by the plaintiff, supposing him entitled to it; and that the note was taken for it, on the understanding and agreement, that if on the settlement of the affairs between Bartlett and the plaintiff’s…
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