Carpenter v. Page
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $184.50, dated November 20, 1882, payable in two years from date to the order of the plaintiffs, and signed by the defendant. Writ dated April 14, 1886. Answer, a general denial. Trial in the Superior Court, without a jury, before Hammond, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs proved the note, and rested their case.
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Contract upon a promissory note for $184.50, dated November 20, 1882, payable in two years from date to the order of the plaintiffs, and signed by the defendant. Writ dated April 14, 1886. Answer, a general denial. Trial in the Superior Court, without a jury, before Hammond, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs proved the note, and rested their case. It appeared, by undisputed evidence, that, in 1877, Taylor Page, the husband of the defendant, was indebted to the plaintiffs in the sum of $184.50, for merchandise sold and delivered to him; that he died…
1Opinion of the CourtDevens, J.
It must be held that the Superior Court has found that the note in suit was given by the defendant in payment of her husband’s debt to the plaintiffs ; that they received it as such at her request, and receipted their bill against the husband’s estate. The defendant’s contention is, that, as the debt was one due from her husband’s estate, which the wife was not bound to pay, and as, at the time, no administration had been .granted on the husband’s estate, the note given by her was without consideration.
The relation in which the parties in the case at bar stood to each other establishes fully…
2Cited by1 opinion
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