Churchill v. Suter
Massachusetts Supreme Judicial Court
Assumpsit by the endorsee of a negotiable promissory note against the promisor. The action was submitted to the opinion of the Court, upon the following state of facts: —■ “On the 10th of July, 1807, the defendant made a note, promising one Charles Copeland, to pay him or his order 275 dollars, in sixty days with grace, which Copeland endorsed * in blank; and which, to raise money, they delivered [*157] to one Bartlett, a broker, to negotiate in the market, who also endorsed…
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Assumpsit by the endorsee of a negotiable promissory note against the promisor. The action was submitted to the opinion of the Court, upon the following state of facts: —■ “On the 10th of July, 1807, the defendant made a note, promising one Charles Copeland, to pay him or his order 275 dollars, in sixty days with grace, which Copeland endorsed * in blank; and which, to raise money, they delivered [*157] to one Bartlett, a broker, to negotiate in the market, who also endorsed it in blank, and sold it to the plaintiff. It is agreed by the parties, that if said endorsers are incompetent…
1Opinion of the Court
The Court took time for advisement, and their opinion was after-wards delivered as follows by
Parsons, C. J.
This is an action of the case on a promissory note, sued by the endorsee against the promisor.
The parties have stated a case, and have submitted to the Court to enter judgment according to the law resulting from the facts thus disclosed.
The defence is usury, and two questions are made for the decision of the Court, viz.: 1.Whether, in this action, the endorsers are competent witnesses to prove the contract usurious; and, 2. If they are, whether, from the facts disclosed by their…
2Cases cited4 opinions
- Fox v. WhitneyMassachusetts Supreme Judicial Court · 1819
- Warren v. MerryMassachusetts Supreme Judicial Court · 1807
- Manning v. WheatlandMassachusetts Supreme Judicial Court · 1813
- Parker v. LovejoyMassachusetts Supreme Judicial Court · 1795
3Cited by39 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Nichols v. FearsonSupreme Court of the United States · 1833
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
- Lithgow v. KavenaghMassachusetts Supreme Judicial Court · 1812
- Abbott v. RoseSupreme Judicial Court of Maine · 1873
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