Simmons v. Poole
Massachusetts Supreme Judicial Court
Contract against Alva P. Poole as the indorser of the following promissory note:, “Westdale, Mass. Feb. 25, 1910. Six months after date I promise to pay to A. I. Simmons & Co. or order the sum of seven hundred and fourteen & 30/100 dollars. Value received. Evelyn M. Davidson by Clarence E. Davidson, attorney.” Indorsed in blank "A. P. Poole.”
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Contract against Alva P. Poole as the indorser of the following promissory note:, “Westdale, Mass. Feb. 25, 1910. Six months after date I promise to pay to A. I. Simmons & Co. or order the sum of seven hundred and fourteen & 30/100 dollars. Value received. Evelyn M. Davidson by Clarence E. Davidson, attorney.” Indorsed in blank "A. P. Poole.” Writ in the Brockton Police Court dated October 25, 1912. On appeal to the Superior Court the case was tried before Dubuque, J., without a jury. The plaintiffs were partners doing business as A. I. Simmons and Company. Evelyn M. Davidson owed them the…
1Opinion of the CourtRugg, C. J.
This is a petition to establish exceptions. The relevant facts are that the case was tried before a judge of the *33Superior Court sitting without a jury. Both the plaintiffs and the defendant, who is the petitioner, seasonably presented requests for rulings of law. The decision was not rendered at the time of the trial, but later a simple finding for the plaintiffs for a stated sum was filed. The clerk of courts mailed from Plymouth, the county seat, at five thirty p.m. of Friday, November 5, 1915, a notice of the finding. This was received by the defendant’s attorney at Brockton on Saturday,…
2Cases cited8 opinions
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Stevenson v. DonnellyMassachusetts Supreme Judicial Court · 1915
- President of the Bank of the United States v. CorcoranSupreme Court of the United States · 1829
- Hurley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897
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3Cited by15 opinions
- Lawrence v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 1921
- Sullivan v. RocheMassachusetts Supreme Judicial Court · 1926
- DuBois v. PowdrellMassachusetts Supreme Judicial Court · 1930
- Everett-Morgan Co. v. Boyajian PharmacyMassachusetts Supreme Judicial Court · 1923
- Bankoff v. Coleman Bros.Massachusetts Supreme Judicial Court · 1939
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