Kingman v. Soule
Massachusetts Supreme Judicial Court
Contract, by the administrators de bonis non of the estate of George B. Dunbar, upon five promissory notes signed by the defendant. Trial in this court, without a jury, before Morton, J., who ordered judgment for the plaintiffs; and reported the case for the determination of the full court. The facts appear in the opinion. The case was argued at the bar in January 1881, and reargued in January 1882.
1Opinion of the CourtDevens, J.
The defendant owes the estate of the plaintiffs’ intestate certain notes for sums of money lent to him by the *286intestate, against which he seeks to set off a certain sum of money paid by him, as he contends, under such circumstances that the estate of the intestate is liable to reimburse him therefor. Bachelder v. Fiske, 17 Mass. 464. Adams v. Butts, 16 Pick. 343.
Dunbar, the intestate, who was a partner with one South-worth, requested the defendant to sign a certain note as surety for them, saying that if he would do so the “ defendant should never lose anything by so doing, and that he should…
2Cited by14 opinions
- Breen v. BurnsMassachusetts Supreme Judicial Court · 1932
- Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
- Onanian v. LeggatMassachusetts Appeals Court · 1974
- Durkin v. LangleyMassachusetts Supreme Judicial Court · 1897
- Ness v. WoodSupreme Court of Minnesota · 1890
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