Way v. Ryther
Massachusetts Supreme Judicial Court
Contract against the makers and indorsers of a promissory note for $390, dated November 18, 1892, and indorsed to John M. Way, the plaintiff’s testator. Trial in the Superior Court, before Blodgett, J., who allowed á bill of exceptions, in substance as follows. This action was brought originally by the payee of the note, John M. Way, who subsequently died, and his widow, the plaintiff, who was the executrix of his will, was duly admitted to prosecute the action.
Read the full summary
Contract against the makers and indorsers of a promissory note for $390, dated November 18, 1892, and indorsed to John M. Way, the plaintiff’s testator. Trial in the Superior Court, before Blodgett, J., who allowed á bill of exceptions, in substance as follows. This action was brought originally by the payee of the note, John M. Way, who subsequently died, and his widow, the plaintiff, who was the executrix of his will, was duly admitted to prosecute the action. The signatures to the note were admitted. The defences were failure of consideration and false and fraudulent representations made…
1Opinion of the CourtHolmes, J.
The testimony offered by the defendant Ryther, that the words “ window frames,” as used by builders and carpenters, signify a part distinct from the sashes, only showed that to that extent builders and carpenters use English with accuracy. When however the expression is “ window frames set with glass,” it necessarily embraces the sashes in which the glass is set imme*229diately, and we think, as matter of construction, even apart from the evidence, also embraces the frames. The word “ frames ” cannot be neglected simply because other words show that the contents of the frames are included. The…
2Cases cited2 opinions
- Roberts v. FrenchMassachusetts Supreme Judicial Court · 1891
- Cooper v. LoveringMassachusetts Supreme Judicial Court · 1870
3Cited by14 opinions
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
- Kilgore v. BruceMassachusetts Supreme Judicial Court · 1896
- Andrews v. JacksonMassachusetts Supreme Judicial Court · 1897
9 more not listed; retrieve them via the Exa API.