Butler v. Price
Massachusetts Supreme Judicial Court
Contract on a promissory note dated April 9, 1860, signed by the defendant, and payable to Roxanna Blinn or bearer. Writ dated October 1, 1870. The answer set up the statute of limitations.
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Contract on a promissory note dated April 9, 1860, signed by the defendant, and payable to Roxanna Blinn or bearer. Writ dated October 1, 1870. The answer set up the statute of limitations. After the decision of this court reported 110 Mass. 97, the case was tried in the Superior Court before Wilkinson, J, The plaintiff, for the purpose of taking the case out of the statute of limitations, relied upon a part payment of $25 made on February 11, 1865, and introduced evidence that the $25 were sent to Roxanna Blinn, who was then the holder of the note, in a letter written by the defendant’s…
1Opinion of the CourtDevens, J.
This case does not differ in any respect from that which was presented when it was last before the court, except that it now appears that the letter introduced was in reply to that addressed to the defendant by Mrs. Blinn. But in order that the reply of Mrs. Price or anything contained in it should affect the defendant, it is necessary first to show that she acted in writing it by his authority or as his agent. As no such authority or agency can be inferred from the relation of husband and wife, there is no evidence of any unless the letter itself is permitted to furnish it. Until some…
2Cited by10 opinions
- Gordon v. O'BrienMassachusetts Supreme Judicial Court · 1947
- Lajoie v. MillikenMassachusetts Supreme Judicial Court · 1922
- Trustees of the Old Alms-House Farm v. SmithSupreme Court of Connecticut · 1885
- Buffinton v. ChaseMassachusetts Supreme Judicial Court · 1890
- Provident Institution for Savings v. MerrillMassachusetts Supreme Judicial Court · 1942
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