Homer v. Wallis
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note by the promisee against the defendant as promisor. At the trial of the action, which was had before the present chief justice, April term, 1813, the signature of the note was denied by the defendant present in Court.
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Assumpsit on a promissory note by the promisee against the defendant as promisor. At the trial of the action, which was had before the present chief justice, April term, 1813, the signature of the note was denied by the defendant present in Court. There was the name of one Hall, as a subscribing witness to the note; but it being proved by the plaintiff that the said Hall was absent in the state of New York, and resided, with his family, at a place called-, the plaintiff was permitted to offer the testimony of witnesses, acquainted with the hand-writing of the defendant; but they all stated…
1Opinion of the CourtParker, C. J.
Several objections were made at the trial, which, having been overruled by the judge, are now made the ground of a motion for a new trial.
It was first objected that, as there was the name of a subscribing witness to the note, he ought to have been produced, as the signature was denied; and that no other evidence; was competent in default of this. But it appearing from the report that this person was absent and out of the commonwealth, we think it was right to suffer the cause to be tried upon other evidence.
It was next objected that the hand-writing of the subscribing witness ought to have…
2Cases cited6 opinions
- Jackson v. Van DusenNew York Supreme Court · 1809
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
- Johnson v. DaverneNew York Supreme Court · 1821
- Hall v. HuseMassachusetts Supreme Judicial Court · 1813
- Titford v. KnottNew York Supreme Court · 1801
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3Cited by38 opinions
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- Montgomery Rail Road v. HurstSupreme Court of Alabama · 1846
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