Amos v. Bennett
Massachusetts Supreme Judicial Court
CONTBAOT, against Edwin H. Bennett and Charles Haynes, upon a bond dated December 15, 1874, naming the plaintiff as obligee, in the sum of $3000, signed by the first named defendant as principal, and the other as surety, and containing the following condition: “ The condition of the obligation is such that whereas the said Amos & Bennett, doing business under the firm name of Amos & Bennett, and proprietors of the Avon Club House, 30 Avon Street, Boston, have contracted…
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CONTBAOT, against Edwin H. Bennett and Charles Haynes, upon a bond dated December 15, 1874, naming the plaintiff as obligee, in the sum of $3000, signed by the first named defendant as principal, and the other as surety, and containing the following condition: “ The condition of the obligation is such that whereas the said Amos & Bennett, doing business under the firm name of Amos & Bennett, and proprietors of the Avon Club House, 30 Avon Street, Boston, have contracted certain debts in fitting up and furnishing said house, and for supplies thereof; said parties have this day dissolved said…
1Opinion of the CourtLord, J.
There seems to be no valid objection to the several rulings in this case. The case finds that Amos paid several debts, against the payment of which the bond in suit was given to him as an indemnity. In one case he borrowed the money, or a check upon which he was to receive the money, and paid the debt with the proceeds of the loan. In other cases he gave his notes, which were accepted as payment. In this Commonwealth, a negotiable promissory note given for a debt is,' in the absence of all proof, payment. A non-negotiable note is not payment. The defendant objects that it does not appear that…
2Cases cited1 opinion
- Skillin v. MerrillMassachusetts Supreme Judicial Court · 1819
3Cited by4 opinions
- Barton v. Farmers' State BankTexas Commission of Appeals · 1925
- Hill v. FullerMassachusetts Supreme Judicial Court · 1905
- Vye v. McKenneyMassachusetts Supreme Judicial Court · 1929
- Weiner v. GordonUnited States District Court · 1941