Stackpole v. Arnold
Massachusetts Supreme Judicial Court
Assumpsit upon three several promissory notes. The several counts in the declaration state, in substance, that the defendant made the several notes declared on, by Cook Sf Foster in one instance, and by Zebedee Cook in the others, as his agent.
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Assumpsit upon three several promissory notes. The several counts in the declaration state, in substance, that the defendant made the several notes declared on, by Cook Sf Foster in one instance, and by Zebedee Cook in the others, as his agent. At the trial of the cause, which was had upon the general issue before Parker, J., at the last November term in this county, the potes offered by the plaintiff in support of his declaration were objected to, because they were not signed by the defendant, nor did they purport to be signed by any person on his behalf. Z. Cook, of the house of Cook &f…
1Opinion of the Court
The opinion of the Court was delivered to the following effect by
Parker, J.
(After stating the action and the evidence at the trial.) A new trial is moved for, because the witness was incompetent; and also because no evidence ought to have been admitted to change the nature and effect of the contracts as they appear on the face of them, they being perfectly intelligible and unambiguous, without extrinsic evidence to alter their tendency and operation.
We have no doubt of the competency of the witness, he being discharged from any liability upon the notes, and not being called to prove that they…
2Cases cited5 opinions
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Bowen v. BellNew York Supreme Court · 1823
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Bowers v. HurdMassachusetts Supreme Judicial Court · 1813
- Davis v. TylerNew York Supreme Court · 1821
3Cited by110 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Brown v. SpoffordSupreme Court of the United States · 1877
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Pentz v. StantonNew York Supreme Court · 1833
- Towner v. Lucas' ex'orSupreme Court of Virginia · 1857
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