Ward v. Winship
Massachusetts Supreme Judicial Court
*This was an action of assumpsit, to recover the [*481] contents of a promissory note, made by the defendant to the bankrupt on the 10th of October, 1799, for the sum of 3550, payable to the bankrupt or his order in thirty days, with interest after due. The defendant pleaded, first, the general issue, which was joined.
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*This was an action of assumpsit, to recover the [*481] contents of a promissory note, made by the defendant to the bankrupt on the 10th of October, 1799, for the sum of 3550, payable to the bankrupt or his order in thirty days, with interest after due. The defendant pleaded, first, the general issue, which was joined. Secondly, that, after said note became due, and before any commis sion of bankruptcy issued against the said Jonathan Winship, namely, on the 16th of December, 1799, the defendant had, at the request of the said Jonathan Winship, become bound as a surety with and for him, and…
1Opinion of the CourtParker, C. J.
The agreement stated in the defendant’s plea in bar having been proved, upon a trial of the issue tendered thereon by the plaintiff, and joined by the defendant, it is now contended, that the matter set forth in the plea does not constitute a legal defence to the action, and that judgment ought to be rendered for the plaintiff, notwithstanding the verdict. And the plaintiff is right in this course (although it would have been more convenient to have demurred to the plea), provided the defendant has not shown a legal defence to the action.
The plaintiff contends that this agreement did not…
2Cases cited1 opinion
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
3Cited by8 opinions
- Stark v. BarrettCalifornia Supreme Court · 1860
- Boggess v. MeredithWest Virginia Supreme Court · 1879
- Worthington v. StauntonWest Virginia Supreme Court · 1880
- Gleason v. SaundersMassachusetts Supreme Judicial Court · 1877
- Ellis v. EllisSupreme Court of Rhode Island · 1856
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