Frost v. Brigham
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $400, dated December 25, 1874, payable on demand to the order of the plaintiff, and signed by Francis Brigham, the defendant’s testator.
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Contract upon a promissory note for $400, dated December 25, 1874, payable on demand to the order of the plaintiff, and signed by Francis Brigham, the defendant’s testator. The answer alleged that the defendant, as executor of the will of said Brigham, had made a full settlement with the plaintiff for all claims and demands which she had against the testator or his estate, and had paid her in full therefor, and taken her conveyance and release for the same ; and also alleged fraud on the part of the plaintiff in withholding the note from the defendant at the time of the settlement. After the…
1Opinion of the CourtC. Allen, J.
By the terms of the answer, by filing in court the instrument referred to in the answer as the ■ plaintiff’s *46conveyance and release, by the introduction in evidence of this instrument and of the plaintiff’s deed, and by the whole course of the trial, it is apparent that the chief ground relied on by the defendant was a settlement by the plaintiff of the note in suit, whereby the same was paid in full. Indeed, the report discloses no other defence; and, but for the settlement, no defence, apparently, would have been urged. Upon an examination of the instrument called a conveyance and release,…
2Cases cited2 opinions
- Commonwealth v. ButterickMassachusetts Supreme Judicial Court · 1868
- Fitz v. ComeyMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Thomas v. BarnesMassachusetts Supreme Judicial Court · 1892
- In re HammondDistrict Court, D. Massachusetts · 1899
- Dawley v. Dawley's EstateSupreme Court of Colorado · 1915
- Stiff v. KeithMassachusetts Supreme Judicial Court · 1887
- McGuinness v. ShannonMassachusetts Supreme Judicial Court · 1891
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