Harvey v. Squire
Massachusetts Supreme Judicial Court
Contract on two joint and several promissory notes given by the defendants, who were husband and wife, to the plaintiff, both dated November 20,1911, and payable to the plaintiff on demand, with interest at six per cent per annum, the first note being for $1,000 and the second for $500. Writ dated February 7, 1912. The defendants’ original answer contained a general denial and an allegation of payment, also a denial of the genuineness of the signatures.
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Contract on two joint and several promissory notes given by the defendants, who were husband and wife, to the plaintiff, both dated November 20,1911, and payable to the plaintiff on demand, with interest at six per cent per annum, the first note being for $1,000 and the second for $500. Writ dated February 7, 1912. The defendants’ original answer contained a general denial and an allegation of payment, also a denial of the genuineness of the signatures. An amended answer set up the defense of false and fraudulent representations and fraudulent concealment on the part of the plaintiff. In the…
1Opinion of the CourtBraley, J.
The plaintiff is the payee and the holder, while the defendants are the joint and several makers of the promissory notes in suit. It is not contended that the notes were not given for a valuable consideration, and, none of the defenses raised by the original answer having been relied on at the trial, the production of the notes, and proof of the defendants’ signatures, would have entitled the plaintiff to a verdict. Burnham v. Allen, 1 Gray, 496. Ballou v. Wells, 12 Allen, 485. Perley v. Perley, 144 Mass. 104. R. L. c. 73, §§ 41, 77. But by the amended answer the defendants averred, that they…
2Cases cited18 opinions
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1887
- Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
- Stewart v. JoyceMassachusetts Supreme Judicial Court · 1909
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3Cited by21 opinions
- Nash v. LangMassachusetts Supreme Judicial Court · 1929
- Berry v. KyesMassachusetts Supreme Judicial Court · 1939
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Gordon v. O'BrienMassachusetts Supreme Judicial Court · 1947
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
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