Ferguson v. Dean
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions alleged by Thomas W. Ferguson in an action brought against him' by Joseph F. Dean and another, and disallowed by Wilkinson, J., who presided at the trial in the Superior Court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
The exceptions tendered by the petitioner to the judge who presided at the trial differ substantially from the exceptions proved before the commissioner.
The action was against the indorser of a promissory note, to which the defence was payment by the giving a second note. The only exception alleged at the trial was to the ruling of the judge that the second note was given as collateral security for the note in suit, and not as payment, the defendant contending that, upon all the evidence in the case, the plaintiff was not entitled to recover. It appears by the commissioner’s report that the…
2Cases cited1 opinion
- Crow v. StoweMassachusetts Supreme Judicial Court · 1873
3Cited by1 opinion
- Energy Electric Co. v. General Electric Co.Massachusetts Supreme Judicial Court · 1928