Small v. Jenkins
Massachusetts Supreme Judicial Court
Action of contract upon a promissory note for $ 1802, dated April 1st 1857, payable in one year to James Coombs or order, and by him indorsed to the plaintiff. The answer admitted the making of the note, but denied any consideration. - At the trial in the superior court before Russell, J. it was admitted that the note was open to the same defences as it would have been in the hands of Coombs.
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Action of contract upon a promissory note for $ 1802, dated April 1st 1857, payable in one year to James Coombs or order, and by him indorsed to the plaintiff. The answer admitted the making of the note, but denied any consideration. - At the trial in the superior court before Russell, J. it was admitted that the note was open to the same defences as it would have been in the hands of Coombs. Coombs testified that in November 1856, in behalf of himself and the plaintiff, he agreed to purchase of Larkin Smith a house in Worcester for $ 3500, to be paid for by a conveyance of seventeen hundred…
1Opinion of the CourtMerrick, J.
After all the evidence on the part of the plaintiff had been introduced upon the trial, the defendant con*157tended, and requested the court to rule, that there was none having any tendency to show any consideration for the note declared on, other than what resulted from the note itself. This was refused. And certainly, under the circumstances in which the request was made, it could not with any reason have been complied with; for as is distinctly shown in the bill of exceptions, James Coombs, who was produced as a witness by the plaintiff, had testified that the bargain was that he and Small…
2Cited by2 opinions
- Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906
- Stevens v. JohnsonSupreme Court of New Hampshire · 1875