Legal Opinion

Dow v. Tuttle

Massachusetts Supreme Judicial Court

Decided May 15, 1808PublishedCited by 37 opinions

Assumpsit by the endorsee against the maker of a promissory note, dated February 16, 1804, payable, in one year from the date, to Benjamin Dow, and by him endorsed to the plaintiff, on the 12th day of July, 1805. Upon non assumpsit pleaded, the action was tried at the last September term in this county, before Thatcher, J., and a verdict being found for the plaintiff, the defendant filed his exceptions to certain directions and opinions of the judge, upon which the cause now…

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Assumpsit by the endorsee against the maker of a promissory note, dated February 16, 1804, payable, in one year from the date, to Benjamin Dow, and by him endorsed to the plaintiff, on the 12th day of July, 1805. Upon non assumpsit pleaded, the action was tried at the last September term in this county, before Thatcher, J., and a verdict being found for the plaintiff, the defendant filed his exceptions to certain directions and opinions of the judge, upon which the cause now came before the Court. From the exceptions it appears that, after the note declared on had been read to the jury, the…

1Opinion of the Court

The opinion of the Court was afterwards delivered by

Parsons, C. J.

We are satisfied that the agreement, proposed by the deféndant to be given in evidence at the trial, is not to be considered as a part of the contract with the note. That is a promise to pay to the promisee, or his order, a sum of money in one year If the agreement was a part of this contract, it would be repugnant to the note, and destroy its effect. The agreement, although made at the same time, must be considered as a collateral promise of the promisee’s, for the breach of which, if there be a legal consideration, an action…

2Cited by37 opinions

  1. Benedict v. . CowdenNew York Court of Appeals · 1872
  2. Jennings v. ToddSupreme Court of Missouri · 1893
  3. Dollar v. International Banking Corp.California Court of Appeal · 1910
  4. Sutton v. BeckwithMichigan Supreme Court · 1888
  5. Miller v. OttawayMichigan Supreme Court · 1890

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