Blanchard v. Blanchard
Massachusetts Supreme Judicial Court
Contract to recover the balance of two promissory notes, payable to the plaintiff or order, one for $3549.88, dated July 1, 1863, and the other for $7132.28, dated July 7,1863, both signed by the defendant and by one John D. Blanchard, since deceased. Upon each of the notes was the following indorsement: “ Received fifty dollars on this note, June 8, 1866.” Writ dated June 7, 1872. Answer, the statute of limitations.
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Contract to recover the balance of two promissory notes, payable to the plaintiff or order, one for $3549.88, dated July 1, 1863, and the other for $7132.28, dated July 7,1863, both signed by the defendant and by one John D. Blanchard, since deceased. Upon each of the notes was the following indorsement: “ Received fifty dollars on this note, June 8, 1866.” Writ dated June 7, 1872. Answer, the statute of limitations. At the trial in the Superior Court, before Rockwell, J., the plaintiff proved the execution of the notes, and that the indorsements were in the handwriting of the defendant, and…
1Opinion of the CourtEndicott, J.
The indorsements on the notes in the handwriting of the defendant, to the effect that $50 had been received on each note, were primé facie evidence of actual payments, sufficient to prevent the operation of the statute of limitations. Sibley v. Phelps, 6 Cush. 172. They were in the nature of receipts that so much money had been paid by the defendant and received by the plaintiff. But they were only primé facie evidence, which could be rebutted by proof that the transaction was merely" colorable or incomplete, and that no money had in *561fact Leen paid. A receipt or indorsement is always open to…
2Cases cited5 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Brightman v. HicksMassachusetts Supreme Judicial Court · 1871
- Ramsay v. WarnerMassachusetts Supreme Judicial Court · 1867
- Louisville & Oldham Turnpike Road Co. v. BallardCourt of Appeals of Kentucky · 1859
- Whipple v. BlackingtonMassachusetts Supreme Judicial Court · 1867
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- Sutherland v. MacLeodMassachusetts Supreme Judicial Court · 1942
- National Bond & Investment Co. v. FlaigerMassachusetts Supreme Judicial Court · 1948
- Stretch v. StretchMichigan Supreme Court · 1916
- McDonald v. HanahanMassachusetts Supreme Judicial Court · 1952
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