Burns v. Hunnewell
Massachusetts Supreme Judicial Court
Contract on a promissory note for $350 dated June 19, 1912, and payable to the plaintiff thirty days after date. Writ dated August 8, 1912. The answer, besides a general denial and an averment of payment, alleged that, at the time the note referred to in the plaintiff’s declaration was delivered to him, the plaintiff signed and delivered to the defendants an agreement, which is described in the opinion, whereby certain real estate was conveyed to the plaintiff and it was…
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Contract on a promissory note for $350 dated June 19, 1912, and payable to the plaintiff thirty days after date. Writ dated August 8, 1912. The answer, besides a general denial and an averment of payment, alleged that, at the time the note referred to in the plaintiff’s declaration was delivered to him, the plaintiff signed and delivered to the defendants an agreement, which is described in the opinion, whereby certain real estate was conveyed to the plaintiff and it was agreed by the plaintiff that on the non-payment of the note, the agreement should be null and void and the title to the…
1Opinion of the CourtCrosby, J.
This is an action upon a promissory note wherein three of the defendants are makers and the fourth defendant is an indorser. From the agreed facts it appears that the note was given in consideration of a loan from the plaintiff to the defendants of $300, and that “at the time the note in question was delivered to the plaintiff, two of the defendants executed and delivered to the plaintiff a quitclaim deed of certain land with the buildings thereon situated in Malden in said county.” It was further agreed that upon receiving this deed the plaintiff executed a written agreement, by the terms of…
2Cases cited2 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Moors v. AlbroMassachusetts Supreme Judicial Court · 1880
3Cited by3 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1920
- Southwick v. BigelowMassachusetts Supreme Judicial Court · 1921
- Hutchings v. ClerkMassachusetts Supreme Judicial Court · 1917