Soule v. Soule
Massachusetts Supreme Judicial Court
Contract, against the administrators of the estate of Oakes S. Soule. The declaration contained several counts, one of which was upon an account annexed, containing three items, each for one year’s salary, beginning March 1, 1888, amounting in all to $3,150, and interest to March 19, 1890, amounting to $497.88, and also containing a large number of items of credit; and another count was upon a promissory note for $2,000, dated February 27, 1871, payable in one year to the…
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Contract, against the administrators of the estate of Oakes S. Soule. The declaration contained several counts, one of which was upon an account annexed, containing three items, each for one year’s salary, beginning March 1, 1888, amounting in all to $3,150, and interest to March 19, 1890, amounting to $497.88, and also containing a large number of items of credit; and another count was upon a promissory note for $2,000, dated February 27, 1871, payable in one year to the plaintiff or his order, with interest at seven and three tenths per cent per annum, payable semiannually, signed by the…
1Opinion of the CourtMorton, J.
It is well settled that the recital of the payment of the consideration in a deed is only prima facie evidence of payment, and may be rebutted by paroi testimony. Wilkinson v. Scott, 17 Mass. 249. Clapp v. Tirrell, 20 Pick. 247. Clark v. Deshon, 12 Cush. 589. Ely v. Wolcott, 4 Allen, 506. Egan v. Bowker, 5 Allen, 449, 451. The evidence objected to was therefore rightly admitted by the auditor, and there is nothing to show that there was any error in the ruling of the court that the plaintiff was entitled to recover the amount found due by the auditor on the note.
We think the fair construction…
2Cases cited1 opinion
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
3Cited by8 opinions
- Berman v. GellerMassachusetts Supreme Judicial Court · 1950
- Hill v. WhiddenMassachusetts Supreme Judicial Court · 1893
- Berryman v. DoreIdaho Supreme Court · 1926
- Wilson v. Mitchell-Woodbury Co.Massachusetts Supreme Judicial Court · 1913
- Gibbons v. Joseph Gibbons Consolidated Mining & Milling Co.Supreme Court of Colorado · 1906
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