First National Bank v. Watkins
Massachusetts Supreme Judicial Court
Contract, upon a promissory note for five hundred dollars, dated October 29,1887, and made payable on March 1,1888, and signed by the defendant.
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Contract, upon a promissory note for five hundred dollars, dated October 29,1887, and made payable on March 1,1888, and signed by the defendant. Writ dated December 11, 1890. The answer set up, among other things, that the defendant gave the note for money borrowed by him of the plaintiff bank, and executed and delivered a mortgage of personal property as collateral security therefor; that before the note became due the defendant sold his interest in said property to a third person subject to the mortgage, having theretofore informed the plaintiff that he was about to sell the same; that the…
1Opinion of the CourtKrowltor, J.
The exceptions were waived at the argument, and we have to consider only the questions presented by the report. The ruling of the Superior Court was made on the defendant’s offer of proof in the opening of his counsel to the jury, and the argument in behalf of the plaintiff assumes that the agreement referred to in the offer was upon a sufficient consideration, and was enforceable as an independent contract. The contention chiefly relied on by the plaintiff is, that such an agreement is not available in defence to a suit on the note, al*387though if broken it would furnish a good foundation for…
2Cases cited5 opinions
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868
- Hood v. AdamsMassachusetts Supreme Judicial Court · 1878
- Barbaroux v. WatersCourt of Appeals of Kentucky · 1860
- Wadsworth v. GlynnMassachusetts Supreme Judicial Court · 1881
3Cited by22 opinions
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Clarke v. AmesMassachusetts Supreme Judicial Court · 1929
- Howe v. WatsonMassachusetts Supreme Judicial Court · 1901
- Zlotnick v. McNamaraMassachusetts Supreme Judicial Court · 1938
- Wit v. Commercial Hotel Co.Massachusetts Supreme Judicial Court · 1925
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