Jones v. Dow
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the Boston and Mystic Valley Railroad Company, by its treasurer, Sidney P. Pratt, made a promissory note for $5000, dated December 15, 1878, payable four months after date, with interest, to the order of Pratt, for the purpose of being sold in the market in order to raise money to meet the liabilities of said company, which note was at the same time approved by the directors (a part of whom were defendants in this action), as appeared…
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Contract. The declaration alleged that the Boston and Mystic Valley Railroad Company, by its treasurer, Sidney P. Pratt, made a promissory note for $5000, dated December 15, 1878, payable four months after date, with interest, to the order of Pratt, for the purpose of being sold in the market in order to raise money to meet the liabilities of said company, which note was at the same time approved by the directors (a part of whom were defendants in this action), as appeared by a writing on the note; that, at the same time, the note was indorsed by Pratt, waiving demand, notice, and protest;…
1Opinion of the CourtW. Allen, J.
The allegation, “ by means whereof the other defendants became liable and promised to pay said note at its maturity to the lawful holder thereof,” is a statement of an erroneous inference of law, and may be rejected. An allegation of the pleader’s conclusion of law from facts pleaded is not traversable, and is not admitted by demurrer; Hollis v. Richardson, 13 Gray, 892; Gould Pl. c. 7, § 48; c. 9, § 29; Everett v. Drew, 129 Mass. 150; it need not be made; M’Gee v. Barber, 14 Pick. 212; and, if made, may be rejected as surplusage. Tucker v. Randall, 2 Mass. 283. The objection, that, without…
2Cases cited3 opinions
- Tucker v. RandallMassachusetts Supreme Judicial Court · 1807
- Everett v. DrewMassachusetts Supreme Judicial Court · 1880
- Baldwin v. DowMassachusetts Supreme Judicial Court · 1881
3Cited by10 opinions
- Sears v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1951
- Union Old Lowell National Bank v. PaineMassachusetts Supreme Judicial Court · 1945
- Hayeck v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1957
- Johnson v. East Boston Savings BankMassachusetts Supreme Judicial Court · 1935
- Laughlin Filter Corp. v. Bird Machine Co.Massachusetts Supreme Judicial Court · 1946
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