Wetherbee v. Norris
Massachusetts Supreme Judicial Court
Contract on an account annexed for $682.25, and on a promissory note for that sum payable on demand, with interest both counts being for the same cause of action. At the trial in the superior court, before Putnam, J., “ the only issue presented to the jury, when the evidence was put in, was, whether or not the note was signed by the defendant.”
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Contract on an account annexed for $682.25, and on a promissory note for that sum payable on demand, with interest both counts being for the same cause of action. At the trial in the superior court, before Putnam, J., “ the only issue presented to the jury, when the evidence was put in, was, whether or not the note was signed by the defendant.” He contended that the plaintiff had forged the signature; and he testified that a less sum was due from him to the plaintiff at the date of the note, and that he gave a note for that sum to the plaintiff at that time; but the plaintiff cofitended that…
1Opinion of the CourtMorton, J.
1. It appears from the bill of exceptions that the only issue presented to the jury, when the evidence was put in, was, whether or not the note in suit was signed by the defendant. To this issue all the evidence was addressed. The defendant claimed that the note was forged, and to sustain this fact testified that when the note was dated he owed the plaintiff a less sum, and gave his note therefor, but did not give the' note in suit. The trial proceeded exclusively upon the ground that the note was forged, and the question of the amount due by the defendant to the plaintiff at the date of the…
2Cited by9 opinions
- Commonwealth v. BeltonMassachusetts Supreme Judicial Court · 1967
- Commonwealth v. United Food Corp.Massachusetts Supreme Judicial Court · 1978
- Wood v. StateSupreme Court of Florida · 1893
- F. W. Stock & Sons v. DellapennaMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1883
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