Anthony & Cowell Co. v. Brown
Massachusetts Supreme Judicial Court
Contract upon a promissory note. Writ in the District Court of Western Norfolk dated August 13, 1908. On appeal to the Superior Court, the case was tried before Sherman, J. The material facts are stated in the opinion.
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Contract upon a promissory note. Writ in the District Court of Western Norfolk dated August 13, 1908. On appeal to the Superior Court, the case was tried before Sherman, J. The material facts are stated in the opinion. The plaintiff’s fifth, eighth and tenth requests for rulings there referred to were as follows: 5. “Threat of legal process is not such duress, for the party may plead, and make proof, and show that he is not liable.” 8. “In this case there is no evidence to show that the note was given upon an agreement or understanding that any offense committed by Asher Brown should not be…
1Opinion of the CourtDe Courcy, J.
This is an action of contract on a promissory note, dated September 17, 1907, and payable to the order of the plaintiff, a Rhode Island corporation. The principal defenses are duress and want of consideration.
*441The defendants Anson Brown and Mary B. Brown, husband and wife, were aged respectively eighty-seven and eighty-six years; and there was a conservator for the property of each. At some time before the date of the note Asher Brown, a married son of this aged couple, had bought certain furniture from the plaintiff on a conditional bill of sale or lease, and on September 17, 1907, the…
2Cases cited3 opinions
- Silsbee v. WebberMassachusetts Supreme Judicial Court · 1898
- Nowell v. ChipmanMassachusetts Supreme Judicial Court · 1898
- Richmond Iron Works v. HaydenMassachusetts Supreme Judicial Court · 1882
3Cited by12 opinions
- Raymond Syndicate, Inc. v. American Radio & Research Corp.Massachusetts Supreme Judicial Court · 1928
- Lajoie v. MillikenMassachusetts Supreme Judicial Court · 1922
- Freeman v. TeelingMassachusetts Supreme Judicial Court · 1935
- Hathaway v. ShalomMassachusetts Supreme Judicial Court · 1914
- H. D. Watts Co. v. American Bond & Mortgage Co.Massachusetts Supreme Judicial Court · 1927
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