Wilder v. Richie
Massachusetts Supreme Judicial Court
Contract upon a promissory note payable to the plaintiff or bearer, signed by the first named defendant and indorsed by William K. Richie, the other defendant. Writ dated April 19, 1873. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions in substance as follows : The two defendants at the time the note was made were husband and wife living together, and William K. Richie did not appear and defend the suit.
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Contract upon a promissory note payable to the plaintiff or bearer, signed by the first named defendant and indorsed by William K. Richie, the other defendant. Writ dated April 19, 1873. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions in substance as follows : The two defendants at the time the note was made were husband and wife living together, and William K. Richie did not appear and defend the suit. The plaintiff offered evidence tending to prove that the defendant requested the plaintiff to lend her the money, and, to induce her to do so,…
1Opinion of the CourtDevens, J.
The evidence offered by the plaintiff tended to show that the loan was made to the defendant, Myra L. Richie, a married woman, at her own request upon her statement of her ability to pay the note, and her representation that she was the owner of real estaté in her own right which she promised not to incumber or part with until the loan was paid; and further that the plaintiff had no acquaintance with the defendant’s husband, no negotiations with him, and did not know that his name was on the note until some time after it was given. Upon this evidence, the presiding judge was justified in…
2Cases cited4 opinions
- Heburn v. WarnerMassachusetts Supreme Judicial Court · 1873
- Bowen v. ConnerMassachusetts Supreme Judicial Court · 1850
- Faucett v. CurrierMassachusetts Supreme Judicial Court · 1871
- Athol Machine Co. v. FullerMassachusetts Supreme Judicial Court · 1871
3Cited by6 opinions
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Kriz v. PeegeWisconsin Supreme Court · 1903
- Sidway v. NicholSupreme Court of Arkansas · 1896
- Allen v. FullerMassachusetts Supreme Judicial Court · 1875
- Nourse v. HenshawMassachusetts Supreme Judicial Court · 1877
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