Nichols v. Nichols
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $3000, signed by J. F. Nichols, payable, on demand, to the order of the defendant, and by him indorsed, waiving demand and notice.
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Contract upon a promissory note for $3000, signed by J. F. Nichols, payable, on demand, to the order of the defendant, and by him indorsed, waiving demand and notice. Trial in this court, before Colburn, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that the note was given by the maker, in consideration of his wife signing a mortgage deed with him, releasing her right of dower in certain land in Fall River, to secure a note of $6500 on six months; that the defendant indorsed the note in blank and delivered it to the maker, who was his…
1Opinion of the CourtC. Allen, J.
The release of the inchoate right of dower in the mortgage was a good consideration for the promissory note. Sykes v. Chadwick, 18 Wall. 141. Holmes v. Winchester, 133 Mass. 140. The other rulings requested were rightly refused.
On the motion for a new trial, the presiding judge found as a fact, that the officer acted in entire good faith, and that the defendant was in no way prejudiced by his acts. Motions for a new trial are addressed to the discretion of the presiding judge. Boston v. Robbins, 116 Mass. 313. Woodward v. Leavitt, 107 Mass. 453,460. His determination upon the matters of fact…
2Cases cited7 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- People v. KnappMichigan Supreme Court · 1879
- the People v. Ransom.New York Supreme Court · 1831
- Sykes v. ChadwickSupreme Court of the United States · 1874
- Holmes v. WinchesterMassachusetts Supreme Judicial Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Commonwealth v. GilbertMassachusetts Supreme Judicial Court · 1895
- Claffey v. FenelonMassachusetts Supreme Judicial Court · 1928
- Flynn v. FlynnMassachusetts Supreme Judicial Court · 1898
- Briegel v. BriegelSupreme Court of Pennsylvania · 1931
- Diamond v. StateSupreme Court of Alabama · 1929
18 more not listed; retrieve them via the Exa API.