Burbank v. Woodward
Massachusetts Supreme Judicial Court
Contract upon a promissory note for 181.87, dated September L3, 1861, signed by the defendant in the presence of an attesting witness, and payable to the order of the plaintiff, in two years from date, with interest.
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Contract upon a promissory note for 181.87, dated September L3, 1861, signed by the defendant in the presence of an attesting witness, and payable to the order of the plaintiff, in two years from date, with interest. Writ dated February 14, 1877. In the Superior Court, the defendant filed an answer setting up, among other things, that on November 6, 1855, Clark Bacon, now deceased, made a promissory note payable to the order of the plaintiff in six months from the date thereof, for the sum df $505, and the defendant signed the note at the request of the plaintiff; that at the same time the…
1Opinion of the Court
By the Court.
The plaintiff, upon the filing of the answer and before the trial, had the right to become nonsuit, without consent of the defendant or leave of the court. Haskell v. Whitney, 12 Mass 47, 48. Truro v. Atkins, 122 Mass. 418.
Exceptions overruled, with double costs.
2Cases cited1 opinion
- Inhabitants on Truro v. AtkinsMassachusetts Supreme Judicial Court · 1877
3Cited by7 opinions
- Derick v. TaylorMassachusetts Supreme Judicial Court · 1898
- Kempton v. BurgessMassachusetts Supreme Judicial Court · 1883
- Earl Carpenter & Sons Co. v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Williams v. HayesWisconsin Supreme Court · 1887
- French v. BrookeMassachusetts Supreme Judicial Court · 1922
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