Harvey v. Hunt
Massachusetts Supreme Judicial Court
CONTRACT upon a promissory note, dated Haverhill, May 20, 1973, payable sixty days after date, to the order of the plaintiff, and signed by the defendant. The answer alleged that the note was without consideration and fraudulent, and that the plaintiff was one of many creditors who signed a deed of composition, by which they agreed to accept thirty-five per cent, of their claims in full satisfaction thereof.
Read the full summary
CONTRACT upon a promissory note, dated Haverhill, May 20, 1973, payable sixty days after date, to the order of the plaintiff, and signed by the defendant. The answer alleged that the note was without consideration and fraudulent, and that the plaintiff was one of many creditors who signed a deed of composition, by which they agreed to accept thirty-five per cent, of their claims in full satisfaction thereof. By a copy of the deed annexed, it appeared that it was signed by forty-two creditors, and that the plaintiff’s signature was the ninth in the list of signatures. The deed was dated May 7,…
1Opinion of the CourtDevens, J.
The presiding judge did not assume, as the plaintiff contends, but submitted to the jury the question whether the signature of the plaintiff to the composition deed was obtained by payment to him in full of his debt in cash, and by the note in suit. If this question was answered affirmatively, they were directed that they would be warranted in finding that the note was without consideration, while they were cautiously instructed that if there was no relation between the plaintiff’s signing the composition deed and the giving the note declared on, and that if this was an independent contract…
2Cases cited1 opinion
- Gibbs v. SmithMassachusetts Supreme Judicial Court · 1874
3Cited by4 opinions
- Huckins v. HuntMassachusetts Supreme Judicial Court · 1885
- Nickerson v. EnglishMassachusetts Supreme Judicial Court · 1886
- Newell v. HigginsSupreme Court of Minnesota · 1893
- Crosby v. GiambussoMassachusetts District Court · 1949