Jourdain v. Sherman
Massachusetts Supreme Judicial Court
This was an action on a promissory note, dated on the 2d of October, 1837, and payable to the plaintiff, David Jourdain, or bearer, on demand, with interest. The action was commenced on the 16th of August, 1848, and was tried before Mellen, J., in the court of common pleas.
Read the full summary
This was an action on a promissory note, dated on the 2d of October, 1837, and payable to the plaintiff, David Jourdain, or bearer, on demand, with interest. The action was commenced on the 16th of August, 1848, and was tried before Mellen, J., in the court of common pleas. The defendant pleaded the general issue, and gave due notice that he should deny that he ever signed the note, and in his specification of defence, relied on the statute of limitations in bar of the action. The plaintiff, to prevent the operation of the statute of limitations, relied upon the fact that the note was…
1Opinion of the CourtShaw, C. J.
The court are of opinion, that the evidence offered to prove the signatures, and to take the case out of the operation of the statute of limitations, by proving the handwriting of the maker of the note and of the witness, was not competent. The rule seems to be well settled, that if a necessary witness becomes interested by the act of the law, as by becoming executor or administrator, secondary evidence is admissible; but if he becomes interested by the act of the party calling him, and he is objected to on the ground of such interest, the party calling him cannot use secondary evidence,…
2Cases cited1 opinion
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
3Cited by11 opinions
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Sampson v. ShawMassachusetts Supreme Judicial Court · 1869
- Harris v. WoodruffMassachusetts Supreme Judicial Court · 1878
- Horton v. BuffintonMassachusetts Supreme Judicial Court · 1870
6 more not listed; retrieve them via the Exa API.