Moody v. Rowell
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note for the sum of $2750, dated November 1, 1828, payable to John Blaisdell junior, since deceased, or his order, in five years, with interest, and purporting to be signed by the defendant and indorsed by the payee. The trial was before Morton J. The defence rested on the ground, that the signatures of the defendant and of the payee were forged.
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Assumpsit on a promissory note for the sum of $2750, dated November 1, 1828, payable to John Blaisdell junior, since deceased, or his order, in five years, with interest, and purporting to be signed by the defendant and indorsed by the payee. The trial was before Morton J. The defence rested on the ground, that the signatures of the defendant and of the payee were forged. Henry H. Brown, who was called as a witness for the defendant, was examined as to the handwriting of the payee. On his cross-examination, the plaintiff examined him as to the handwriting of the defendant ; and a question was…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. In an action of assumpsit upon a promissory note, by the plaintiff as the indorsee, against the defendant as promisor, a verdict was returned for the defendant, and a motion is now made to set it aside and grant a new trial, on several exceptions stated in the report.
I. John Brown’s deposition was given in evidence by the defendant, in which the deponent stated that a certain professed imitation of his father’s handwriting, made by the plaintiff, bore a strong resemblance to his father’s genuine hand ; and it was objected that he had not laid a…
2Cases cited3 opinions
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- Titford v. KnottNew York Supreme Court · 1801
- Ellmaker v. BuckleySupreme Court of Pennsylvania · 1827
3Cited by3 opinions
- Commonwealth v. RamseySuperior Court of Pennsylvania · 1910
- National Labor Relations Board v. Federal Dairy Company, Inc.Court of Appeals for the First Circuit · 1962
- Caruso v. Robert D. Murgia & Co.Massachusetts District Court, Appellate Division · 1990