Daggett v. Daggett
Massachusetts Supreme Judicial Court
Contract, by the administratrix of Lucius Daggett, upon the following promissory note: “ Attleborough, Dec. 4, 1860. For value received I promise to pay Lucius Daggett two hundred and fifteen dollars and eighty-eight cents on demand with interest, being renewal of note dated Dec. 5, 1854. John Daggett.” ■ On the back was this memorandum: “ December 3, 1866. I hereby renew the within note. “ Attest, J. W. Capron. John Daggett.”
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Contract, by the administratrix of Lucius Daggett, upon the following promissory note: “ Attleborough, Dec. 4, 1860. For value received I promise to pay Lucius Daggett two hundred and fifteen dollars and eighty-eight cents on demand with interest, being renewal of note dated Dec. 5, 1854. John Daggett.” ■ On the back was this memorandum: “ December 3, 1866. I hereby renew the within note. “ Attest, J. W. Capron. John Daggett.” Writ dated May 25,1876. At the trial in the Superior Court, without a jury, before Rockwell, J., the defendant contended that the writing on the back of the note would…
1Opinion of the CourtMorton, J.
The question presented in this case is, whether the memorandum, written by the defendant upon the back of the promissory note signed by him, and attested by a witness, is to be deemed “ a promissory note signed in the presence of an attesting witness ” within the meaning of the Gen. Sts. e. 155, § 4. We are not aware of any case which can be said to be decisive of this question. But there are two cases decided by this court which illustrate it, and which will furnish us some aid in deciding it.
*150In Gray v. Bowden, 23 Pick. 282, it was held that a memorandum on the back of a promissory note, in…
2Cases cited1 opinion
- Webber v. WebberCourt of Appeals of Kentucky · 1858
3Cited by8 opinions
- Kedey v. PettyIndiana Supreme Court · 1899
- Gay v. RookeMassachusetts Supreme Judicial Court · 1890
- Brown v. GreenSuperior Court of Delaware · 1899
- Chaffee's Sons v. Estate of BlanchardSupreme Court of Vermont · 1933
- McDonald v. HanahanMassachusetts Supreme Judicial Court · 1952
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