Whitney v. Clary
Massachusetts Supreme Judicial Court
Contract, by the administrator of the estate of John H. Davis, upon a promissory note for $378, dated at Sterling on March 16,1883, payable to the order of said Davis, purporting to be signed by the defendant by his mark, and to be witnessed by Susan P. Goodell, and containing the words “for value received.”
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Contract, by the administrator of the estate of John H. Davis, upon a promissory note for $378, dated at Sterling on March 16,1883, payable to the order of said Davis, purporting to be signed by the defendant by his mark, and to be witnessed by Susan P. Goodell, and containing the words “for value received.” The note bore the following indorsement: “ March 16, 1883, received $7.” Writ dated August 5, 1886. Answer: 1. A general denial. 2. A denial of the genuineness of the signature. 3. Want of consideration. • Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions,…
1Opinion of the CourtMorton, C. J.
The testimony of the witness Goodell, if believed, was sufficient to justify the jury in finding that the note in suit was duly signed by the defendant, and that it was attested by the witness, with the knowledge of the defendant, and as a part of the same transaction with the making of the note. Swazey v. Allen, 115 Mass. 594, and cases cited. The defendant contradicted this witness, but it was for the jury to decide which was entitled to credit.
The signature of the defendant and the delivery of the note having been proved, the note itself was prima facie evidence of consideration.
But in…
2Cases cited2 opinions
- Wilton v. EatonMassachusetts Supreme Judicial Court · 1879
- Swazey v. AllenMassachusetts Supreme Judicial Court · 1874
3Cited by5 opinions
- Sullivan v. McEttrickMassachusetts Supreme Judicial Court · 1924
- Dairyman's State Bank v. DunhamAppellate Court of Illinois · 1933
- Boston Safe Deposit & Trust Co. v. ManningMassachusetts Supreme Judicial Court · 1912
- Guy v. O'BrienMassachusetts District Court, Appellate Division · 1936
- Merchants' Finance Co. v. Commonwealth Pipe & Supply Co.Massachusetts Supreme Judicial Court · 1930