Corner v. Pratt
Massachusetts Supreme Judicial Court
Contract against Daniel S. Pratt and George F. Moore, upon a promissory note for $1671.08, dated August 11, 1881, payable in two months after date to the order of the plaintiffs, signed by Pratt, and indorsed by Moore. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs are partners doing business in the city of New York.
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Contract against Daniel S. Pratt and George F. Moore, upon a promissory note for $1671.08, dated August 11, 1881, payable in two months after date to the order of the plaintiffs, signed by Pratt, and indorsed by Moore. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs are partners doing business in the city of New York. There was evidence that the note was signed by the defendant Pratt, and indorsed before delivery by the defendant Moore. A telegram from Moore to the plaintiffs, dated and received on the day the note…
1Opinion of the Court
By the Court.
There was clearly sufficient evidence to justify the jury in finding a waiver by the defendant Moore of demand and notice.
*449It appeared at the trial, that, after the note in suit matured, the plaintiffs agreed that they would accept in payment of it new notes for two thirds of its amount, and cash for the other third. Moore sent the notes to the plaintiffs, but did not send the money, and the plaintiffs replied, refusing to accept the notes without the money.
If this had been all the evidence, the jury would not have been justified in finding that the note in suit was paid. It also…
2Cases cited1 opinion
- Whitton v. MayoMassachusetts Supreme Judicial Court · 1873
3Cited by2 opinions
- Carmen v. HigginsonMassachusetts Supreme Judicial Court · 1923
- Bowen v. FarleyMassachusetts Supreme Judicial Court · 1926