Davis v. Bean
Massachusetts Supreme Judicial Court
Contract to recover the amount of two promissory notes. The answer denied the making of the notes, alleging also that they were without consideration, and that the defendant had paid them ; “ and the defendant further says that if the plaintiff shall show that he made said notes, then the defendant says the same were given as a part payment of the consideration of the conveyance of certain real estate by the plaintiff to the defendant; and said plaintiff covenanted and…
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Contract to recover the amount of two promissory notes. The answer denied the making of the notes, alleging also that they were without consideration, and that the defendant had paid them ; “ and the defendant further says that if the plaintiff shall show that he made said notes, then the defendant says the same were given as a part payment of the consideration of the conveyance of certain real estate by the plaintiff to the defendant; and said plaintiff covenanted and warranted with the defendant that said real estate was free from all incumbrances in said deed, and the said real estate was…
1Opinion of the CourtWells, J.
The tax was a lien upon the land from the first day of May; and that lien constituted a breach of the covenant against incumbrances in the deed of May 4th, from the plaintiff to the defendant. Cochran v. Guild, 106 Mass. 29. Hill v. Bacon, 110 Mass. 387.
The notes in suit were given for the price of the same land. The defendant’s claim then grew out of the same transaction upon which the notes in suit were founded, and affected the consideration upon which they were given. He had a right therefore to set up, by way of recoupment, the amount he had been compelled to pay to relieve the land from…
2Cases cited4 opinions
- Carey v. GuillowMassachusetts Supreme Judicial Court · 1870
- Stacy v. KempMassachusetts Supreme Judicial Court · 1867
- Cochran v. GuildMassachusetts Supreme Judicial Court · 1870
- Hill v. BaconMassachusetts Supreme Judicial Court · 1872
3Cited by10 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Bryne v. DoreyMassachusetts Supreme Judicial Court · 1915
- Lafond v. FrameMassachusetts Supreme Judicial Court · 1951
- Indiana Flooring Co. v. RudnickMassachusetts Supreme Judicial Court · 1920
- Aultman & Co. v. ForgeyIndiana Court of Appeals · 1894
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