Warren v. Chapman
Massachusetts Supreme Judicial Court
Contbact on a promissory note for $500 made by the defendant, payable to the plaintiff or order. At the trial in the superior court, before I)evens, J., it appeared that the plaintiff and the firm of King & Harding were doing business as grocers under the firm name of D. D. Warren & Company, and that at the date of the note the defendant was indebted to the firm of D. D. Warren & Company for goods to the amount of $562.85. The plaintiff introduced evidence tending to show…
Read the full summary
Contbact on a promissory note for $500 made by the defendant, payable to the plaintiff or order. At the trial in the superior court, before I)evens, J., it appeared that the plaintiff and the firm of King & Harding were doing business as grocers under the firm name of D. D. Warren & Company, and that at the date of the note the defendant was indebted to the firm of D. D. Warren & Company for goods to the amount of $562.85. The plaintiff introduced evidence tending to show “that the consideration of the note was an agreement on the part of the plaintiff, acting in his individual capacity, to…
1Opinion of the CourtChapman, C. J.
The jury were instructed that if the note upon which the action is brought “ was made to the plaintiff upon the consideration of an agreement that the plaintiff would pay a certain debt due from the defendant, a part of which was for intoxicating liquors sold in violation of law, and the plaintiff did pay such debt, such agreement and payment would be a sufficient consideration for the note.”
But it appears that the debt was due to the plaintiff and his two copartners; and if it was for liquor sold in violation of law, he was an original offender; a part of the consideration of the note was…
2Cases cited1 opinion
- Haynes v. NiceMassachusetts Supreme Judicial Court · 1868
3Cited by11 opinions
- Commissioner of Banks v. Chase Securities Corp.Massachusetts Supreme Judicial Court · 1937
- Western Union Telegraph Co. v. Burlington & Southwestern Ry. Co.United States District Court · 1882
- Downey v. Charles S. Gove Co.Massachusetts Supreme Judicial Court · 1909
- Conradt v. LepperWyoming Supreme Court · 1905
- Parsons v. RandolphMissouri Court of Appeals · 1886
6 more not listed; retrieve them via the Exa API.