President of Springfield Bank v. Merrick
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note, given by the defendants to the plaintiff, dated December 14, 1815, for the sum of 300 dollars, pay. able in sixty days. At the trial of the action, which was had upon the general issue, before Jackson, J., at the last April term at Springfield, in the county of Hampden, the note appeared to have been written in the usual form of a cash note, and it was subscribed by two attesting witnesses.
Read the full summary
Assumpsit on a promissory note, given by the defendants to the plaintiff, dated December 14, 1815, for the sum of 300 dollars, pay. able in sixty days. At the trial of the action, which was had upon the general issue, before Jackson, J., at the last April term at Springfield, in the county of Hampden, the note appeared to have been written in the usual form of a cash note, and it was subscribed by two attesting witnesses. It was presented at the bank, to be discounted, by the said Merrick, who was the principal debtor, the other two defendants having signed the same as sureties for him. The…
1Opinion of the CourtParker, C. J.
The writing which was in this case submitted to the jury, as evidence of the promise declared upon, must, with the accompanying testimony, be taken to be an engagement to pay facilities, to the amount of three hundred dollars nominal value, for that was the consideration of the note; and it was the understanding of the parties that the contract should have that effect. That evidence tending to give this * character to the promise was legally admitted, is proved by the case of Jones vs. Fales, cited in the argument; in which case the words foreign bills, at the foot of a note otherwise…
2Cases cited1 opinion
- Odiorne v. MaxcyMassachusetts Supreme Judicial Court · 1818
3Cited by47 opinions
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
- Benedict v. . CowdenNew York Court of Appeals · 1872
- Griffith v. WellsNew York Supreme Court · 1846
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1879
- McGehee v. LindsaySupreme Court of Alabama · 1844
42 more not listed; retrieve them via the Exa API.