Brooks v. Stackpole
Massachusetts Supreme Judicial Court
Contract, upon a promissory note, against Eliza Stackpole and Stephen Stackpole, the last named of whom filed a declaration in set-off, consisting of a debt due to himself alone; and the plaintiff demurred, on the ground that the demand in set-off was due to only one of the defendants, and not to both jointly. The Superior Court sustained the demurrer, and Stephen Stack-pole appealed to this court. The material facts appear in the opinion.
1Opinion of the CourtLathrop, J.
The promissory note in suit, so far as it is material to state it, is as follows : “ $412.00. Saugus, May 16, 1881. Six months after date I promise to pay to the order of John M. Brooks four hundred and twelve dollars. Value received. Eliza Stackpole.” On the back of the note is the name of the defendant Stephen Stackpole. The declaration alleges the making of the note by the first named defendant; that the last named defendant indorsed the note before the delivery thereof to the plaintiff; that demand was duly made on the maker, who neglected to pay the same; and that due notice thereof was…
2Cases cited7 opinions
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3Cited by13 opinions
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