Low v. Low
Massachusetts Supreme Judicial Court
Contract upon two promissory notes. Writ in the Superior Court for the county of Norfolk dated March 8, 1906. An answer was filed containing a general denial, a denial of the genuineness of the signatures on the notes, and an allegation of payment.
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Contract upon two promissory notes. Writ in the Superior Court for the county of Norfolk dated March 8, 1906. An answer was filed containing a general denial, a denial of the genuineness of the signatures on the notes, and an allegation of payment. On the day of the trial the defendant, with the consent of the plaintiff, was allowed to file the following amendment to her answer: “ The defendant further answering says that the plaintiff’s intestate obtained the defendant’s signature to the notes declared upon in this action by deception and fraud, to wit: —by the false and fraudulent…
1Opinion of the CourtLosing, J.
The statement of the defence set up in the amendment to the answer was insufficient as matter of pleading. But that is not a reason for excluding competent evidence of its truth. Groodsell v. Trumbull, 135 Mass. 99. Tapley v. Goodsell, 122 Mass. 176. See in this connection Ward v. Merriam, 193 Mass. 135. See also Chace v. Sherman, 119 Mass. 387, where it was held that the insufficiency of a declaration as matter of pleading cannot be raised by a request for instructions to the jury; and Huntress v. Burbank, 111 Mass. 213, where an unsuccessful attempt was made to raise that question by a…
2Cases cited6 opinions
- Tapley v. GoodsellMassachusetts Supreme Judicial Court · 1877
- Huntress v. BurbankMassachusetts Supreme Judicial Court · 1872
- Chace v. ShermanMassachusetts Supreme Judicial Court · 1876
- Ward v. MerriamMassachusetts Supreme Judicial Court · 1906
- Robinson v. TrofitterMassachusetts Supreme Judicial Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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- Quinton's Market, Inc. v. PattersonMassachusetts Supreme Judicial Court · 1939
- Lewis v. RussellMassachusetts Supreme Judicial Court · 1939