Eaton v. Libbey
Massachusetts Supreme Judicial Court
Contract, upon a promissory note, of which the following is a copy: “1250.00. Chicago, Nov. 2, 1886. On demand after date, I promise to pay to the order of W. Libbey Eaton, Two Hundred and Fifty Dollars, at with interest until paid. Value received. Washington Libbey.”
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Contract, upon a promissory note, of which the following is a copy: “1250.00. Chicago, Nov. 2, 1886. On demand after date, I promise to pay to the order of W. Libbey Eaton, Two Hundred and Fifty Dollars, at with interest until paid. Value received. Washington Libbey.” The answer alleged that, if it should be proved that the “ testator executed the note set forth in the plaintiff’s declaration, then the same was without any consideration, but was made as a part performance of a contemplated gift, which gift was never completed, and that therefore said note is void.” Writ dated April 26, 1894.…
1Opinion of the CourtBarker, J.
The defendants concede that the privilege which was given to their testator of naming the plaintiff was a valid consideration for the testator’s promise to the plaintiff’s parents to pay him the sum of one hundred dollars, for which' sum the testator then gave his promissory note, payable to the plaintiff. But they contend that the plaintiff was a stranger to the consideration, and that he could not recover upon that note, and that he cannot recover upon the note in suit, which the testator afterwards gave to the plaintiff in renewal of the original note.
We have no doubt that the privilege of…
2Cases cited2 opinions
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3Cited by12 opinions
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- Secretary of the Commonwealth v. City Clerk of LowellMassachusetts Supreme Judicial Court · 1977
- Gardner v. DenisonMassachusetts Supreme Judicial Court · 1914
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