Hall v. Huse
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note for 700 dollars, dated the 13th of August, 1811, payable to Obádiah Huse or order, in four months, with grace, purporting to be signed by the defendant, and endorsed to the plaintiffs. * At the trial, which was had on the general issue, [ *40 ] before Parker, J., at the last November term in this county, it appeared that the note was endorsed by O. Huse, in the course of trade.
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Assumpsit on a promissory note for 700 dollars, dated the 13th of August, 1811, payable to Obádiah Huse or order, in four months, with grace, purporting to be signed by the defendant, and endorsed to the plaintiffs. * At the trial, which was had on the general issue, [ *40 ] before Parker, J., at the last November term in this county, it appeared that the note was endorsed by O. Huse, in the course of trade. The genuineness of the endorsement was not contested; but the plaintiffs were required to prove the signature of the maker, and for that purpose read the deposition of Zopkar Hayden,…
1Opinion of the Court
Curia.
This was merely a question of evidence, of which the jury were the only competent judges. They were properly instructed by the judge, and the verdict must be conclusive, (b)
Judgment on the verdict.
ADDITIONAL NOTE.
[The admissions of a party, under a misapprehension of his legal rights and liabilities, do not bind him. — Moore vs. Hitchcock, 4 Wend. 292.
See Law vs. Merrills, 6 Wend. 268. — Com. vs. Knapp, 9 Pick. 503.
A, a tenant of certain land, presented a petition to the legislature, admitting it to belong to the commonwealth, and praying that it might be granted to him, but it was…
2Cases cited3 opinions
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
- Moore v. HitchcockNew York Supreme Court · 1830
3Cited by11 opinions
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
- Forsyth v. DaySupreme Judicial Court of Maine · 1858
- Levi v. RubinMassachusetts Supreme Judicial Court · 1922
- Wood v. PennellSupreme Judicial Court of Maine · 1863
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