Wentworth v. Dows
Massachusetts Supreme Judicial Court
Contract upon a promissory note made by the defendants and payable to the plaintiffs. The answer denied the making of the note or any debt due the plaintiffs; set up a want of consideration ; and alleged that if the plaintiffs should prove the making of the note, “ then the defendants will prove that said note was given in payment for certain marble cases sold by the plaintiffs to the defendants and recommended by the plaintiffs to be of excellent quality, sound and proper…
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Contract upon a promissory note made by the defendants and payable to the plaintiffs. The answer denied the making of the note or any debt due the plaintiffs; set up a want of consideration ; and alleged that if the plaintiffs should prove the making of the note, “ then the defendants will prove that said note was given in payment for certain marble cases sold by the plaintiffs to the defendants and recommended by the plaintiffs to be of excellent quality, sound and proper to be used in the manufacture of soda fountains by the defendants ; ” that the said marble slabs “ were not sound, and…
1Opinion of the CourtColt, J.
In an action upon a promissory note, the defendant is permitted to» allege and prove in defence that which was formerly only the subject of a cross action. Thus breach of warranty or fraud in the sale of personal property may be given in evidence, when specially set up in the defendant’s answer by way of recoupment. Harrington v. Stratton, 22 Pick. 510. Hodgkins v. Moulton, 100 Mass. 309.
*16The only defence which is here properly pleaded is want of consideration alleged to have been caused by imperfections in certain marble cases sold by the plaintiffs to the defendants, to be fitted up for soda…
2Cases cited1 opinion
- Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868
3Cited by10 opinions
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Philip Schneider Brewing Co. v. American Ice-Mach. Co.Court of Appeals for the Eighth Circuit · 1896
- Roche v. GryzmishMassachusetts Supreme Judicial Court · 1931
- Indiana Flooring Co. v. RudnickMassachusetts Supreme Judicial Court · 1920
- First National Bank v. MatheyMassachusetts Supreme Judicial Court · 1941
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