Wilton v. Eaton
Massachusetts Supreme Judicial Court
Contract upon the following promissory note: “ $1000. June 11, 1875. On demand, after date, I promise to pay to the order of A. B. Wilton one thousand dollars, seven and one half per cent. Ann G. Eaton, Administratrix.” The writ, dated May 11, 1877, was against the defendant personally. Answer: 1. A general denial. 2. Want of consideration.
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Contract upon the following promissory note: “ $1000. June 11, 1875. On demand, after date, I promise to pay to the order of A. B. Wilton one thousand dollars, seven and one half per cent. Ann G. Eaton, Administratrix.” The writ, dated May 11, 1877, was against the defendant personally. Answer: 1. A general denial. 2. Want of consideration. Trial in the Superior Court, without a jury, before Allen, J., who found the following facts: The defendant is the widow of Jacob F. Eaton, who died on August 29, 1871, intestate. On September 13, 1871, she was duly appointed administratrix of his estate;…
1Opinion of the CourtGray, C. J.
The judge, before whom this case was tried without a jury, has found as a matter of fact that the surrender to the administratrix of the note of her intestate was the consideration for the note made by her to the plaintiff. The surrender of the former note, whether that note was at the time of the surrender capable or incapable of being enforced at law, was sufficient to constitute a consideration for the new note. Haigh v. Brooks, 10 A. & E. 309, 320, 334. Lawrence v. McCalmont, 2 How. 426, 452. Newhall v. Paige, 10 Gray, 366, 368. Kerr v. Lucas, 1 Allen, 279. Coggins v. Murphy, 121 Mass.…
2Cases cited2 opinions
- Lawrence v. McCalmontSupreme Court of the United States · 1844
- Coggins v. MurphyMassachusetts Supreme Judicial Court · 1876
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