Bennett v. Thomson
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $3,000, made by the defendants and payable to one Bowen and the plaintiff, a lawyer, and indorsed by Bowen to the plaintiff.
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Contract upon a promissory note for $3,000, made by the defendants and payable to one Bowen and the plaintiff, a lawyer, and indorsed by Bowen to the plaintiff. Writ dated August 8, 1918. In the Superior Court the action was tried before Hammond, J. The agreement in writing, referred to in the opinion, excepting-the in testimonium clause and the signatures, was as follows: “Know all men by these presents, That we, Charles H. Bowen and Samuel C. Bennett, jointly and individually as our respective interests may appear, in consideration of Four Thousand (4000) Dollars paid by Thomson & Kelley of…
1Opinion of the CourtCarroll, J.
This action is to recover on a promissory note given by the defendants to Charles H. Bowen and the plaintiff, for certain brick. The terms of sale were contained in a written contract. The defendants alleged misrepresentations of the quantity and quality of the brick by the plaintiff and Bowen, and near the close of the trial the defendants were permitted to amend their answer by alleging a breach of warranty of quality. A verdict was ordered for the plaintiff.
Bowen and Mr. Bennett owned the machinery, rails and equipment, including three hundred and twenty thousand brick designated as…
2Cases cited7 opinions
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Edgar v. Joseph Breck & Sons Corp.Massachusetts Supreme Judicial Court · 1899
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lalime & Partridge, Inc. v. HobbsMassachusetts Supreme Judicial Court · 1926
- Arthur A. Johnson Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
- Barry v. CroninMassachusetts Supreme Judicial Court · 1930
- Lubin v. HedtlerMassachusetts Supreme Judicial Court · 1925