Gardner v. Webber
Massachusetts Supreme Judicial Court
By an agreed statement of the parties the following facts appeared. The first of these cases was assumpsit on a promissory note, dated April 16, 1828, for the sum of $5000, made by the defendant, payable to Samuel J. Gardner or his order, on demand, with interest.
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By an agreed statement of the parties the following facts appeared. The first of these cases was assumpsit on a promissory note, dated April 16, 1828, for the sum of $5000, made by the defendant, payable to Samuel J. Gardner or his order, on demand, with interest. The note was indorsed to the plaintiff in blank, prior to May 28, 1832, but the indorsement was filled up at the bar, with the date of April 15, 1834. The writ, was dated April 15, 1834, and was served on April 24, 1834, by attaching divers parcels of real estate then belonging tc the defendant. Tha action was defended by John J.…
1Opinion of the Court
Putnam J.
subsequently drew up the opinion of the Court. This is assumpsit upon a promissory note, by the indorsee against the maker. The defendant has properly pleaded the general issue, and the statute of limitations. He has pleaded two other pleas, both admitting the making of the note, but stating substantially that it was given as an indemnity against certain indorsements made or to be made by the promisee for the accommodation of the maker, and that neither the promisee nor the plaintiff has been damnified. The plaintiff objected to those pleas as amounting to the general issue, and the…
2Cases cited1 opinion
- Sampson v. SmithMassachusetts Supreme Judicial Court · 1819
3Cited by3 opinions
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- Wooldridge v. IrvingUnited States Circuit Court · 1884
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