Shaw v. McGregory
Massachusetts Supreme Judicial Court
Contract against Edward P. McGregory, 'John C. Stanton and David N. Stanton, on two promissory notes, payable in June and July 1858, and alleged to have been given by the defendants as partners under the name of E. P. McGregory, Stanton & Company. Writ dated August 29, 1867. McGregory made no defence. The Stantons alleged in their answer that the notes were without consideration, and set up the statute of limitations.
Read the full summary
Contract against Edward P. McGregory, 'John C. Stanton and David N. Stanton, on two promissory notes, payable in June and July 1858, and alleged to have been given by the defendants as partners under the name of E. P. McGregory, Stanton & Company. Writ dated August 29, 1867. McGregory made no defence. The Stantons alleged in their answer that the notes were without consideration, and set up the statute of limitations. At the trial in the superior court, before Dewey, J., the plaintiff contended that the defendants had not resided and been within this Commonwealth for the period of six years…
1Opinion of the CourtColt, J.
1. It was proved or admitted that the defendants were residents of Connecticut at the time the notes in suit were given, and that they soon after left that state and went west. The testimony therefore of the plaintiff, and of the witnesses Shaw, Pinney and McGregory, as to not seeing the defendants in this state, even if it had no legal tendency to establish the issue, does not appear to have misled the jury or been prejudicial to the defendants. Richards v. Doe, 100 Mass. 524.
*1002. The exception to the admission of the deposition of Rice, with the hotel registers therein referred to, is not well…
2Cases cited2 opinions
- Brightman v. EddyMassachusetts Supreme Judicial Court · 1867
- Richards v. DoeMassachusetts Supreme Judicial Court · 1868
3Cited by11 opinions
- Downs v. HawleyMassachusetts Supreme Judicial Court · 1873
- Kavanaugh v. JohnsonMassachusetts Supreme Judicial Court · 1935
- Marsh v. Concord Mutual Fire InsuranceSupreme Court of New Hampshire · 1902
- Richardson Drug Co. v. DunaganColorado Court of Appeals · 1896
- Cobbossee National Bank v. RichSupreme Judicial Court of Maine · 1889
6 more not listed; retrieve them via the Exa API.