Black v. Ridgway
Massachusetts Supreme Judicial Court
Contract against John J. Ridgway, as maker, and against Charles L. Ridgway and Harriet A. Ridgway, as indorsers, of a promissory note for $300, dated October 11, 1878, payable in three months after date to the order of the plaintiff. Writ dated January 21, 1879. Answer: 1. A general denial. 2. Failure of consideration.
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Contract against John J. Ridgway, as maker, and against Charles L. Ridgway and Harriet A. Ridgway, as indorsers, of a promissory note for $300, dated October 11, 1878, payable in three months after date to the order of the plaintiff. Writ dated January 21, 1879. Answer: 1. A general denial. 2. Failure of consideration. The action, after being discontinued as to John J. Kidgway on account of his discharge in insolvency, was referred to an auditor, who found that the note in suit had on its back the signatures of the last-named defendants, “ who by such signatures became joint promisors; ” that…
1Opinion of the CourtSoule, J.
The auditor’s report was prima facie evidence of the truth of the facts found relating to the liability of the *84defendants on the note in suit. Gen. Sts. c. 121, § 46. It found that the defendants signed the note on the back, and owed the plaintiff the amount of it with interest and the costs of protest. As the note was made after the St. of 1874, c. 404, took effect, they could not owe this unless their liability had been fixed by due notice of demand and nonpayment, or by a waiver of such notice. The report therefore contained evidence which would warrant a finding that the defendants had…
2Cited by10 opinions
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- In Re Estate of HoreSupreme Court of Minnesota · 1945
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