Homer v. Perkins
Massachusetts Supreme Judicial Court
Contract, on an account annexed, for goods sold and deliv • ered. Answer, that the plaintiffs agreed to take and did take in payment for the goods, a promissory note for $1000 signed by Arthur Towne, payable to his order and indorsed by him and by R. W. Lougee, and that it was a full payment and satisfaction therefor.
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Contract, on an account annexed, for goods sold and deliv • ered. Answer, that the plaintiffs agreed to take and did take in payment for the goods, a promissory note for $1000 signed by Arthur Towne, payable to his order and indorsed by him and by R. W. Lougee, and that it was a full payment and satisfaction therefor. Replication, that the plaintiffs did not take the note in exchange or payment for the goods, but took it as collateral security therefor; that, if they did take it in exchange or in payment for the goods, they were induced so to take it by the false and fraudulent…
1Opinion of the CourtEndicott, J.
It is stated in the bill of exceptions that the defendant represented that the maker and indorser of the note were solvent; and also that there was evidence tending to show that the defendant represented the maker to be perfectly good then, that he was worth from nine to twelve thousand dollars, that in a year or two he did not know how it would be, but until the note was paid he was perfectly good. This statement was made at the time -the defendant gave the plaintiff the note, in payment, as he contends, for the goods purchased, and for which the plaintiff seeks to recover in this action. It…
2Cases cited3 opinions
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Safford v. GroutMassachusetts Supreme Judicial Court · 1876
- Belcher v. CostelloMassachusetts Supreme Judicial Court · 1877
3Cited by11 opinions
- Commonwealth v. AnthonyMassachusetts Supreme Judicial Court · 1940
- Commonwealth v. QuinnMassachusetts Supreme Judicial Court · 1916
- Commonwealth v. StevensonMassachusetts Supreme Judicial Court · 1879
- Lockwood v. FittsSupreme Court of Alabama · 1890
- Teague v. IrwinMassachusetts Supreme Judicial Court · 1879
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