Taylor v. Foster
Massachusetts Supreme Judicial Court
Contract on four promissory notes, signed by the defendants, and payable to the plaintiff or order. The first note, for $1000, was dated May 14, 1873. The second note, for $1633, was dated October 1, 1874. The third note, for $3367, was dated December 1, 1874. These three notes were payable on demand. The fourth note, for $605.40, was dated December 4, 1874, and was payable three months from date.
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Contract on four promissory notes, signed by the defendants, and payable to the plaintiff or order. The first note, for $1000, was dated May 14, 1873. The second note, for $1633, was dated October 1, 1874. The third note, for $3367, was dated December 1, 1874. These three notes were payable on demand. The fourth note, for $605.40, was dated December 4, 1874, and was payable three months from date. Writ dated December 4, 1880. Answer, a general denial, and, as to the first three notes, the statute of limitations. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a…
1Opinion of the CourtMorton, J.
This is an action upon four promissory notes. As to three of them, the defence relied on is the statute of limitations. Atxthe trial by the court, without a jury, the following facts were found. The promissory notes declared on were made by the defendants on the days of their dates, and were not paid at maturity. In March 1875, the defendants failed in business. Being solicited to provide for the large debt of the plaintiff, they then, and also in the following June, assigned to the plaintiff certain dioses in action, the plaintiff and the defendants agreeing that all the money collected upon…
2Cited by17 opinions
- Nutter v. MroczkaMassachusetts Supreme Judicial Court · 1939
- Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
- Clark v. DiefendorfSupreme Court of Connecticut · 1929
- Day v. MayoMassachusetts Supreme Judicial Court · 1891
- Our Lady of the Sea Corp. v. BorgesMassachusetts Appeals Court · 1996
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