Faulkner v. Jones
Massachusetts Supreme Judicial Court
Assumpsit by the payee, against the maker, of a promissory note, dated March 24th, 1807. Plea of the statute of limitations; with a replication, that the note was a ttested by a subscribing witness; on which issue was joined and tried here at the last November term, before the chief justice. On the production of the note, it appeared that the name of Jona.
Read the full summary
Assumpsit by the payee, against the maker, of a promissory note, dated March 24th, 1807. Plea of the statute of limitations; with a replication, that the note was a ttested by a subscribing witness; on which issue was joined and tried here at the last November term, before the chief justice. On the production of the note, it appeared that the name of Jona. Getteaux was written upon it, in the place where the name of a witness is usually subscribed ; but there were no words over the name, signifying that it was placed there in attestation of the signing by the promisor. It was objected, that…
1Per curiam
We are all satisfied that words of attestation, over the signature of a witness to a note or other instrument, are not necessary, to give validity to such instrument, within the exception of the statute of limitations; and that it was rightly left to the jury, that if they believed the signature of the supposed" witness was placed on the note, with intent to attest to the subscription of the maker, it was attested within the meaning of the statute (1).
Judgment on the verdi +
[By the statute, 1785, c. 52, § 5, promissory notes, attested by one or more witnesses, are exempted from the operation…
2Cited by3 opinions
- City of New Orleans v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1883
- Garrison v. OwensWisconsin Supreme Court · 1844
- Holden v. JenkinsMassachusetts Supreme Judicial Court · 1878