National Life Insurance v. Allen
Massachusetts Supreme Judicial Court
Contract upon the folio-wing promissory note, signed by the defendant: “ $422.83. Boston, May 31, 1869. Borrowed and received of J. T. Phelps, agent, four hundred and twenty-two and X8A dollars, which I promise to pay on demand, with interest.”
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Contract upon the folio-wing promissory note, signed by the defendant: “ $422.83. Boston, May 31, 1869. Borrowed and received of J. T. Phelps, agent, four hundred and twenty-two and X8A dollars, which I promise to pay on demand, with interest.” At the trial in the Superior Court, before Brigham, C. J., without a jury, the following facts were found: The plaintiff is a corporation in the State of Vermont, having, in 1867, an office in Boston, where J. T. Phelps acted as its general agent in the business of life insurance. On December 31, 1867, the plaintiff issued to the defendant a policy of…
1Opinion of the CourtDevens, J.
The note upon which this suit is brought is not in the usual form of promissory notes, but recites that, having borrowed and received the sum of $422.83 of J. T. Phelps, agent, the defendant promises to pay the same on demand, with interest. The facts found, the case having been tried by the Superior Court without a jury, showed that the whole consideration of this agreement moved from the plaintiff corporation, it having made a policy of insurance upon the life of the defendant, and this paper having been given by him for the balance of unpaid premiums, in which Phelps had no interest. It…
2Cases cited1 opinion
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
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