Sargent v. Southgate
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note made by the defendant on the 5th of May, 1822, payable to S. D. Watson or order on demand, for 180 dollars with interest. The note was indorsed in blank by Watson on the 1st of February, 1824, being then in the hands of one Hamilton, a deputy sheriff, who in August or September 1823 had the note delivered to him by Watson as security for certain demands.
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Assumpsit on a promissory note made by the defendant on the 5th of May, 1822, payable to S. D. Watson or order on demand, for 180 dollars with interest. The note was indorsed in blank by Watson on the 1st of February, 1824, being then in the hands of one Hamilton, a deputy sheriff, who in August or September 1823 had the note delivered to him by Watson as security for certain demands. Afterwards the plaintiffs, having demands against Watson, who had become insolvent, and also acting as assignees of his effects for the benefit of creditors, paid the debt to Hamilton, for security of which he…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. In 1 regard to the two first items claimed by the defendant as paid on account of the note on which he is sued, we think there is no doubt, from the evidence, that those sums were so paid. Watson, the payee, requested the witness to ask the defend ant for fifty dollars, stating that he had a short time before received sixty dollars and was unwilling to ask so soon again; and when the witness asked for the note to take with him, Watson answered, there was no need of it, he had got the other sum without the note. The witness then went to the…
2Cases cited4 opinions
- President of Hallowell & Augusta Bank v. HowardMassachusetts Supreme Judicial Court · 1816
- Clark v. LeachMassachusetts Supreme Judicial Court · 1813
- Collins v. AllenNew York Supreme Court · 1834
- Savage v. DavisNew York Supreme Court · 1831