Jump v. Leon
Massachusetts Supreme Judicial Court
Conteact on two promissory notes, one for $292.51 and the other for $279.80, made by the defendant payable to his own order and indorsed by him in blank.
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Conteact on two promissory notes, one for $292.51 and the other for $279.80, made by the defendant payable to his own order and indorsed by him in blank. Writ in the Municipal Court of the City of Boston dated March 24,1904. The defences were a general denial, payment, and the equitable defence that the notes were owned, not by the plaintiff, but by one Bates who died while the action was pending; that the defendant held and owned notes made by Bates to an amount larger than the plaintiff’s claim; that the estate of Bates was insolvent ; and that the defendant was entitled to apply the notes…
1Opinion of the CourtBraley, J.
Under R. L. c. 174, § 1, if an action on the promissory notes set out in the declaration had been brought by Bates in his own name, and after his death prosecuted by his executrix, the defendant by reason of the statute could not at law have had by way of set-off the benefit of the counterclaim now pleaded as an equitable defence, although the notes held by him were purchased in the lifetime of the testator, because he did not acquire title until after the commencement of the action. Cook v. Mills, 5 Allen, 36. Backus v. Spaulding, 129 Mass. 234, 236.
By repeated decisions beginning with…
2Cases cited36 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Carr v. HamiltonSupreme Court of the United States · 1889
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Schuler v. IsraelSupreme Court of the United States · 1887
31 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
- Putnam v. United States Trust Co.Massachusetts Supreme Judicial Court · 1916
- Goldman v. Noxon Chemical Products Co.Massachusetts Supreme Judicial Court · 1931
- Texas Co. v. Borne Scrymser Co.Court of Appeals for the Fourth Circuit · 1933
- Heard v. CalkinsMassachusetts Supreme Judicial Court · 1920
12 more not listed; retrieve them via the Exa API.