Almy v. Winslow
Massachusetts Supreme Judicial Court
Contract on the following instrument, declared on as a promissory note: “ Hew Bedford, April 26,1870. On demand with interest for value received please pay Charles Akny or order fifty-five and 33-100 dollars. George F. Winslow. “ Witness, Asa C. Smith.” Writ dated March 28, 1877, and returnable to the Superior Court. The defendant demurred, on the ground that the declaration set forth no legal cause of action.
Read the full summary
Contract on the following instrument, declared on as a promissory note: “ Hew Bedford, April 26,1870. On demand with interest for value received please pay Charles Akny or order fifty-five and 33-100 dollars. George F. Winslow. “ Witness, Asa C. Smith.” Writ dated March 28, 1877, and returnable to the Superior Court. The defendant demurred, on the ground that the declaration set forth no legal cause of action. The court overruled the demurrer; and the defendant alleged exceptions. The defendant then filed an answer, admitting the execution of the paper declared on, and that the same was for a…
1Opinion of the CourtSoule, J.
The only question in this case is, whether the instrument sued on is or is not a witnessed promissory note. That it is witnessed is admitted. The controversy is as to the legal effect to be given to its terms. It does not purport to be a mere acknowledgment of the existence of a debt, and is admitted to have been given for a valuable consideration. It is in the form of a draft or bill of exchange, except that it is not addressed to or drawn upon any one, and therefore lacks one essential characteristic of a bill. It is not in the ordinary form of a promissory note, for it is not in express…
2Cases cited4 opinions
- Fairchild v. . the Ogdensburgh, Clayton and Rome R.R. Co.New York Court of Appeals · 1857
- Commonwealth v. ButterickMassachusetts Supreme Judicial Court · 1868
- Daggett v. DaggettMassachusetts Supreme Judicial Court · 1878
- Ball v. AllenMassachusetts Supreme Judicial Court · 1819
3Cited by2 opinions
- Gay v. RookeMassachusetts Supreme Judicial Court · 1890
- McDonald v. HanahanMassachusetts Supreme Judicial Court · 1952