Legal Opinion

Hooker v. Hubbard

Massachusetts Supreme Judicial Court

Decided September 15, 1869PublishedCited by 28 opinions

Contract on the following promissory note *. “ Springfield, Nov. 14, 1866. Ninety days after date I promise to pay to the order of John Hooker $700, value received.” Signed, “ Mrs. M. L. Perry.” Indorsed, “ Samuel Hubbard.”

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Contract on the following promissory note *. “ Springfield, Nov. 14, 1866. Ninety days after date I promise to pay to the order of John Hooker $700, value received.” Signed, “ Mrs. M. L. Perry.” Indorsed, “ Samuel Hubbard.” The answer, besides a general denial, alleged that the plaintiff obtained and was retaining possession of the note fraudulently; that the defendant “ signed a blank note of the same date and amount as „he note declared on, and delivered the same to Mrs. M. L. Perry, agent of the plaintiff, which said' note, it was agreed between the plaintiff and the defendant, should be…

1Opinion of the CourtColt, J.

In the first suit between these parties, the defendant relied, in defence, on the fact that the note now in suit, dated' November 14, was given in renewal and payment of the note upon which that action was brought, which was dated September 10, 1866. Hooker v. Hubbard, 97 Mass, 175. The court *244there ruled, in substance, that, if so given, it would be a payment of the last named note, if the plaintiff, knowing that it was given only for the purpose of taking up the note in suit, should obtain possession of it, and claimed to enforce it as a valid note. A verdict was thereupon rendered for the…

2Cases cited1 opinion

  1. Webber v. WebberCourt of Appeals of Kentucky · 1858

3Cited by28 opinions

  1. Russell v. PlaceSupreme Court of the United States · 1877
  2. West v. PlattMassachusetts Supreme Judicial Court · 1879
  3. City of Boston v. NielsenMassachusetts Supreme Judicial Court · 1940
  4. Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
  5. Hill's Adm'r v. Huckabee's Adm'rSupreme Court of Alabama · 1881

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