Hemmenway v. Stone
Massachusetts Supreme Judicial Court
The declaration in this case was in assumpsit, and contained two counts, upon two several notes of hand, the contents of which the plaintiff claimed as endorsee. In the second count, upon which alone the question in this case arose, the plaintiff declares upon a promissory note, made by the defendant to one Frederick M. Stone, or order, dated March 9th, 1804, payable on demand, with interest, and endorsed by the said Frederick to the plaintiff.
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The declaration in this case was in assumpsit, and contained two counts, upon two several notes of hand, the contents of which the plaintiff claimed as endorsee. In the second count, upon which alone the question in this case arose, the plaintiff declares upon a promissory note, made by the defendant to one Frederick M. Stone, or order, dated March 9th, 1804, payable on demand, with interest, and endorsed by the said Frederick to the plaintiff. Upon this count a verdict was found for the plaintiff, at the sittings after the last October term, in this county, upon a trial had before Sewall,…
1Opinion of the Court
By the Court.
The defence set up, respecting the pa) ment of the note in question, was a legal one, and the direction of the judge upon it was right. If the promisee, while he held the note, was satisfied that the.note was discharged, by a subsequent endorsement., no right passed to the endorsee, and he could maintain no action upon it. (1) As to the facts, there was evidence on both sides, and it was properly left to the jury to decide on its effect. They have decided for the plaintiff; and we cannot say that their decision was against the weight of evidence.
As to the other objection, if this…
2Cases cited1 opinion
- Baker v. WheatonMassachusetts Supreme Judicial Court · 1809
3Cited by23 opinions
- Eastern Electrical Co. v. Taylor Woodrow Blitman Construction Corp.Massachusetts Appeals Court · 1981
- Grant v. PizzanoMassachusetts Supreme Judicial Court · 1928
- Monson v. DrakeleySupreme Court of Connecticut · 1873
- Van Alstyne v. Van SlyckNew York Supreme Court · 1851
- Johnson v. BloodgoodNew York Supreme Court · 1799
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