Jacob Lewis v. Gray
Massachusetts Supreme Judicial Court
This was an action on a promissory note, bearing date the 24th day of April, 1800, for the sum of $4122 68 cents, payable on demand; to which the defendant pleaded the general issue. The cause was tried before Dana, C. J., at the last term in this county.
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This was an action on a promissory note, bearing date the 24th day of April, 1800, for the sum of $4122 68 cents, payable on demand; to which the defendant pleaded the general issue. The cause was tried before Dana, C. J., at the last term in this county. The execution of the note was not denied, nor was it contended that the plaintiff was not entitled to recover in the action ; but the defence was, that the sum of $1500 ought to be deducted from the face of the note, on account of certain transactions which had taken place between the parties; which were stated by the counsel for the…
1Opinion of the Court
Thacher, J.,
said he was in favor of a new trial, on the ground that the letter and account stated ought to have been admitted in evidence in explanation of the contract between the parties at the time of making the note; that it was competent to the defendant to prove by the evidence offered that the whole contents of the note were not due; that it was the province of the jury to say whether the letter related to the note, and was to have the operation and effect contended for by the counsel for the defendant; if such was in fact the intention, the present verdict ought not to stand.
Sewall, J.
2Cited by3 opinions
- Moffatt v. HardinSupreme Court of South Carolina · 1884
- Kaphan v. RyanSupreme Court of South Carolina · 1882
- Park v. MillerSupreme Court of New Jersey · 1859