Isenburger v. Hotel Reynolds Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OE contract against the maker and indorsers of two promissory notes, each for $5,000, made by the Hotel Reynolds Company to its own order, and both indorsed by it and the defendant John F. Reynolds.
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Two ACTIONS OE contract against the maker and indorsers of two promissory notes, each for $5,000, made by the Hotel Reynolds Company to its own order, and both indorsed by it and the defendant John F. Reynolds. The first note, which was payable in one year, was delivered to the plaintiff by the maker in consideration of a loan of $5,000. The second, bearing the additional indorsement of the defendant, Edward Reynolds, was given as collateral security for the first at its maturity. Writ dated October 30, 1899. The Hotel Reynolds Company, by leave of court, amended its answer in each case by…
1Opinion of the CourtKnowlton, J.
Each of these actions is brought to recover $5,000 and interest, the amount of a promissory note held by the plaintiff against the defendants. The defendants in each action have been permitted to amend their answer by setting up a new and independent defence in recoupment. The plaintiff, therefore, might properly file a demurrer to the amendment, notwithstanding that the time for filing a demurrer to the original answer had expired. Pub. Sts. c. 167, § 24.
The question now before us is on the demurrer in each case. It is fairly to be inferred from each demurrer that the $5,000 was lent by the…
2Cases cited7 opinions
- Spaulding v. BackusMassachusetts Supreme Judicial Court · 1877
- Worthington v. WaringMassachusetts Supreme Judicial Court · 1892
- Murray & Murray v. Toland & MeadeNew York Court of Chancery · 1818
- Smith v. Washington Gaslight Co.Court of Appeals of Maryland · 1869
- Knitted Mattress Co. v. GriggsMassachusetts Supreme Judicial Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Poorvu v. WeisbergMassachusetts Supreme Judicial Court · 1934
- Bryne v. DoreyMassachusetts Supreme Judicial Court · 1915
- Paul v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1904
- Adams v. Grundy & Co.Massachusetts Supreme Judicial Court · 1926
- Marden-Wild Corp. v. DamonMassachusetts Supreme Judicial Court · 1930
2 more not listed; retrieve them via the Exa API.