Toole v. Crafts
Massachusetts Supreme Judicial Court
Contract on a promissory note against the maker and the indorser. Writ in the Police Court of Holyoke dated August 2, 1904. On appeal to the Superior Court the case first was tried before Flaherty, J. At this trial the defendant Howard A. Crafts, the maker of the note, admitted his liability and the judge ordered a verdict for the plaintiff as against him.
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Contract on a promissory note against the maker and the indorser. Writ in the Police Court of Holyoke dated August 2, 1904. On appeal to the Superior Court the case first was tried before Flaherty, J. At this trial the defendant Howard A. Crafts, the maker of the note, admitted his liability and the judge ordered a verdict for the plaintiff as against him. As against the other defendant, Linus D. Crafts, the indorser of the note, the jury returned a verdict for the plaintiff in the sum of §451.33. This defendant alleged exceptions which after the death of Flaherty, J., were allowed by…
1Opinion of the CourtSheldon, J.
It is argued by the plaintiff that the oral evidence introduced at the trial was not competent and ought not to have been considered on any other question than the issues as to whether the defendant’s waiver of demand, notice and protest had been procured by fraud or improper inducement, or was made under a mistake or in such ignorance of the material facts as not to be binding; and that the jury ought not to have been allowed to apply it to the question whether the waiver was of a past or of a future demand and notice, or even to consider that question at all. The plaintiff contends that…
2Cases cited12 opinions
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Toole v. CraftsMassachusetts Supreme Judicial Court · 1906
- King v. NicholsMassachusetts Supreme Judicial Court · 1884
- Equitable Marine Insurance v. AdamsMassachusetts Supreme Judicial Court · 1899
- Iowa Valley State Bank v. SigstadSupreme Court of Iowa · 1895
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3Cited by1 opinion
- Plymouth County Trust Co. v. ScanlanMassachusetts Supreme Judicial Court · 1917