Emerson v. Providence Hat Manufacturing Co.
Massachusetts Supreme Judicial Court
This was assumpsit on a promissory note, and also for goods sold and delivered ; being the same goods, the purchase of which made the consideration of the note declared on. A trial was had on the general issue, November term, 1813, before the present Chief Justice. The note produced in evidence was in the words and figures following, namely ; “ Boston, Jan. 20th, 1810. For value received of Messrs.
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This was assumpsit on a promissory note, and also for goods sold and delivered ; being the same goods, the purchase of which made the consideration of the note declared on. A trial was had on the general issue, November term, 1813, before the present Chief Justice. The note produced in evidence was in the words and figures following, namely ; “ Boston, Jan. 20th, 1810. For value received of Messrs. Emerson 8f Little, I promise to pay them, or order, seven hundred and thirty-one dollars and three cents, in twelve months and grace, for the Providence Hat Manufacturing Company. — Frink Roberts.”…
1Opinion of the CourtParker, C. J.
Several objections have been made to the verdict in this case, which we will consider in the order in which they have been presented.
* First, it is said the note offered to the jury, and ad- [ * 240 ] milled by the judge, purports, on the face of it, to be the note of Frink Roberts, and so will not support the declaration.†
But there is no color for this objection. The form of words is usual, when one person intends to sign for another ; and the words, “ for the Providence Hat Manufacturing Company,” prefixed to Roberts’s name, must be considered as idle, and should be rejected, unless they…
2Cases cited4 opinions
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- Ford v. HillWisconsin Supreme Court · 1896
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
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