Cobb v. Tirrell
Massachusetts Supreme Judicial Court
Contract upon a promissory note for §2167.54, dated November 27, 1878, alleged to be made by the defendants, payable to their own order in four months, and indorsed by them to the plaintiffs.
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Contract upon a promissory note for §2167.54, dated November 27, 1878, alleged to be made by the defendants, payable to their own order in four months, and indorsed by them to the plaintiffs. After the former decision, reported 137 Mass. 143, the case was tried in the Superior Court, before Staples, J., who ruled that the plaintiffs were not entitled to recover, and directed a verdict for the defendants; and, at the plaintiffs’ request, reported the case for the determination of this court. If the ruling -was wrong, the verdict was to be set aside, and a new trial granted; otherwise, the…
1Opinion of the CourtDbtbns, J.
When this case was last before the court, it was held that the plaintiffs might recover upon the note in suit, on proof of fraud by the defendants in relation to the composition agreement; but this decision assumed that the plaintiffs were of right entitled to the note in controversy as their property; and it was distinctly said that only the question raised between the plaintiffs and the defendants was decided, and not any question that might arise between the plaintiffs and John S. Fogg. Cobb v. Tirrell, 137 Mass. 143.
At the trial we are now considering, Fogg, who was called as a witness by…
2Cases cited5 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1809
- Rohrer v. TurrillSupreme Court of Minnesota · 1860
- Cobb v. TirrellMassachusetts Supreme Judicial Court · 1884
- McGregory v. McGregoryMassachusetts Supreme Judicial Court · 1871
- Mckinney v. Estate of HamiltonMichigan Supreme Court · 1884
3Cited by3 opinions
- Davis v. DavisU.S. Circuit Court for the District of Massachusetts · 1898
- Cobb v. FoggMassachusetts Supreme Judicial Court · 1896
- Schmidt v. People's National BankMassachusetts Supreme Judicial Court · 1891