Morse v. Mason
Massachusetts Supreme Judicial Court
Contract on a promissory note, dated May 8, 1865, and signed by the defendants, Asá.F. Mason and Eliza M. Mason, his wife, promising jointly to pay to Leonard Morse or order $300 in three years, and indorsed in blank by the payee. Writ dated May 16,1868. The case was submitted to the judgment of the superior court, and, on appeal, of this court, upon a statement of facts agreed, the substance of which appears in the opinion.
1Opinion of the CourtMorton, J.
The only question presented in this case is, as to the liability of Eliza M. Mason upon the note in suit. The *561statement of facts does not furnish us with the means of deciding this question. It appears that the note was given in payment for labor and materials furnished in building a barn upon land which was the separate estate of Mrs. Mason; but it also appears that it was given after the barn was finished. If Leonard Morse was employed by Asa F. Mason, and agreed to build the barn upon his account and credit, the note signed by Mrs. Mason would not bind her, for want of a sufficient…
2Cited by8 opinions
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- Emerson v. DemingMassachusetts Supreme Judicial Court · 1939
- Thrasher v. DoigSupreme Court of Florida · 1882
- Bickford v. DaneSupreme Court of New Hampshire · 1877
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