Clapp v. Hale
Massachusetts Supreme Judicial Court
Contract upon the following promissory note : “ $80. Deer-field, Get. 13,1864. For value received I promise to pay Sabrina C. Clapp, or order, eighty dollars on demand. Benjamin Hale.” Indorsed upon the note was this : “ January 31,1869. Received ten dollars.”
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Contract upon the following promissory note : “ $80. Deer-field, Get. 13,1864. For value received I promise to pay Sabrina C. Clapp, or order, eighty dollars on demand. Benjamin Hale.” Indorsed upon the note was this : “ January 31,1869. Received ten dollars.” The writ was dated June 21, 1871. At the trial in the Superior Court before Lord, J., the plaintiff testified to the loan of the money, and that in the winter of 1868-69, a payment of ten dollars was made upon the note. She and her daughter, who was the wife of the defendant, but had since separated from him, testified that the payment…
1Opinion of the Court
Gray, O. J.
It is the opinion of a majority of the court, for the reasons to be now stated, that the defendant’s exceptions must be sustained, and a new trial had.
The action is on a promissory note, to which the defendant has pleaded the statute of limitations. The plaintiff, in order to take the case out of the statute, relied on a payment made to her by the defendant within six years before the action was brought. It appears by the bill of exceptions that at the time of that payment a third person, daughter of the plaintiff and wife of the *370defendant, wrote by his dictation and in the…
2Cases cited4 opinions
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Bumgardner v. TaylorSupreme Court of Alabama · 1856
- Moseley v. HatchMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Robbins v. Pacific Eastern Corp.California Supreme Court · 1937
- Snyder v. WilleyMichigan Supreme Court · 1876
- Bauer v. Bond & Goodwin Inc.Massachusetts Supreme Judicial Court · 1934
- Doscher v. GarvinCourt of Appeals for the Second Circuit · 1924
- Gordon v. LevineMassachusetts Supreme Judicial Court · 1908
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