Legal Opinion

James v. Tilton

Massachusetts Supreme Judicial Court

Decided May 21, 1903PublishedCited by 3 opinions

Conteact on a promissory note. Writ dated April 12, 1893. The case was tried in the Superior Court before Dewey, J., without a jury. The judge found for the plaintiff in the sum of S3,633.19; and the defendant alleged exceptions, raising the questions stated by the court. After the death of Dewey, J., the exceptions were allowed by Braley, J., on May 8, 1902.

1Opinion of the CourtMorton, J.

This is an action to recover upon a promissory note, the plaintiff being, the holder and the defendant the maker. The date of the note was April 13, 1887. The declaration contains three counts, one on the note, one on an accounting between the parties, and one on an account annexed. The case was tried by a judge of the Superior Court without a jury and, after a finding for the plaintiff, comes here on exceptions by the defendant to the refusal of the judge to give certain rulings that were asked for. There is also a question of evidence.

The principal question is whether there was a material…

2Cases cited10 opinions

  1. Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
  2. Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
  3. Lee v. ButlerMassachusetts Supreme Judicial Court · 1897
  4. Draper v. WoodMassachusetts Supreme Judicial Court · 1873
  5. Stoddard v. PennimanMassachusetts Supreme Judicial Court · 1871

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Thorpe v. WhiteMassachusetts Supreme Judicial Court · 1905
  2. Lynn Tucker Sales, Inc. v. LeBlancMassachusetts Supreme Judicial Court · 1949
  3. Forum Provisions Co. v. TomMassachusetts District Court, Appellate Division · 1995

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