Legal Opinion

Franklin Savings Institution v. Reed

Massachusetts Supreme Judicial Court

Decided September 17, 1878PublishedCited by 16 opinions

CONTRACT. Writ dated May 26, 1877. The declaration alleged that the defendant and Benjamin W. Reed made the following promissory note; that Robbins, the payee named therein indorsed the same to the plaintiff; and that the defendant owed the plaintiff the balance of said note and interest thereon: “ $2600. December 5th, 1870. For value received we jointly and severally promise to pay Edward A. Robbins or order twenty-six hundred dollars on demand, with interest annually at 7…

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CONTRACT. Writ dated May 26, 1877. The declaration alleged that the defendant and Benjamin W. Reed made the following promissory note; that Robbins, the payee named therein indorsed the same to the plaintiff; and that the defendant owed the plaintiff the balance of said note and interest thereon: “ $2600. December 5th, 1870. For value received we jointly and severally promise to pay Edward A. Robbins or order twenty-six hundred dollars on demand, with interest annually at 7 per cent., interest to commence April 1st, 1871. “ Benjamin W. Reed. “ John Reed, Surety. “ It is understood and agreed…

1Opinion of the CourtGray, C. J.

The memorandum written upon the note before its delivery was part of the contract; and by its manifest intention and legal effect neither Benjamin W. Reed, the principal, nor John Reed, who appeared on the face of the note to be a surety, was bound to pay the note until April 1,1881. Heywood v. Perrin, 10 Pick. 228. That the action was prematurely brought was rightly pleaded in bar. Benthall v. Hildreth, 2 Gray, 288. Ho claim to recover interest was made or ruled on at the trial, or can be asserted for the first time in this court.

Exceptions overruled.

2Cited by16 opinions

  1. White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
  2. Harding v. Broadway National BankMassachusetts Supreme Judicial Court · 1936
  3. Lombard v. McMillanWisconsin Supreme Court · 1897
  4. Waterhouse v. LevineMassachusetts Supreme Judicial Court · 1903
  5. People's State Bank v. SmithNebraska Supreme Court · 1930

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