Gorham v. Keyes
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $65, payable to Frank W. Keyes or bearer, and signed by the defendants. The answer alleged that the note was given for an illegal consideration, and that the plaintiff had knowledge thereof when he took it. Trial in the Superior Court, without a jury, before Brigham, C. J., who ruled that the action could not be maintained, and ordered judgment for the defendants; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtField, J.
Charles M. Keyes was arrested on a complaint charging him with the larceny of property of the value of $200. The offence charged was a felony. Gen. Sts. e. 161, § 18; c. 168, § 1. The note in suit was given to Frank W. Keyes, whose property was alleged to have been stolen, and who “ threatened to prosecute said complaint to the full extent of the law, unless his claim for his expenditures was paid.” The note was given “to pay this claim, and thus induce said Frank W. Keyes to forbear to prosecute said complaint,” “and, as a part of the arrangement, said Charles M. Keyes pleaded nolo…
2Cases cited3 opinions
- Partridge v. HoodMassachusetts Supreme Judicial Court · 1876
- Lindsay v. . SmithSupreme Court of North Carolina · 1878
- Gardner v. MaxeyCourt of Appeals of Kentucky · 1848
3Cited by10 opinions
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Colby v. Title Insurance & Trust Co.California Supreme Court · 1911
- Goodrich v. TenneyIllinois Supreme Court · 1893
- Bryant v. Peck & Whipple Co.Massachusetts Supreme Judicial Court · 1891
- Union Exchange National Bank v. JosephNew York Court of Appeals · 1921
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