Legal Opinion

Jackson v. Olney

Massachusetts Supreme Judicial Court

Decided October 24, 1885PublishedCited by 1 opinion

Two actions of contract, upon two promissory notes, 'both dated August 2, 1883, for $750 each, payable to the plaintiff or order, one in two months and the other in four months from date, and signed “ M. IC. Olney, by Mary L. Olney, Atty.,” and by the defendant. The cases were tried together in the Superior Court, before Rockwell, J. The jury returned a verdict for the defendant in each case; and the plaintiff alleged exceptions, which appear in the opinion.

1Opinion of the CourtDevens, J.

The defendant, Mrs. Olney, admitted signing

the notes in suit; and contended that she did not do so intelligently, but was induced so to do by the design and fraud of the plaintiff. It was correctly ruled that, if there was a fraud on the part of the plaintiff, by which she was induced to sign the notes, the plaintiff could not take advantage of a signature thus obtained, but that it was for the defendant to satisfy the jury that there was such a fraud. There was no confidential relation between the parties which prevented their dealing with each other on the ordinary principles by which the…

2Cited by1 opinion

  1. Freedley v. FrenchMassachusetts Supreme Judicial Court · 1891

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