Jones v. Witter
Massachusetts Supreme Judicial Court
Assumpsit upon a promissory note, dated February 14th, 1814, for $ 51.80, payable by the defendant to the plaintiff or his order, on demand, with interest.
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Assumpsit upon a promissory note, dated February 14th, 1814, for $ 51.80, payable by the defendant to the plaintiff or his order, on demand, with interest. The cause was tried upon the general issue, at the last May term in this county, before Putnam, J. The defence was, payment; and the defendant produced a writing, which he proved to be signed by the plaintiff, dated March 3d, 1814, describing the note and acknowledging that it was discharged., It was then stated, on the part of the plaintiff, that the * action was brought for the benefit of Messrs. Solomon & Oliver P. Colt, to whom the…
1Opinion of the CourtParker, C. J.
The only question of any importance presented in this action is, whether there was such an assignment of the note, upon which the action is brought, as passed the interest and property in it to the Messrs. Colts, who claim to be the assignees. For, if there was such an assignment, as the defendant had notice of it before he obtained the * discharge which he set up in his defence, he cannot avail himself of that discharge in prejudice of the assignees.
It appears, that a bargain was made for this note by the Colts with the payee, that a valuable consideration was paid for it, and that it was…
2Cases cited1 opinion
- Mowry v. ToddMassachusetts Supreme Judicial Court · 1815
3Cited by63 opinions
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Hooker v. . Eagle Bank of RochesterNew York Court of Appeals · 1864
- Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Freund v. Importers & Traders' National BankNew York Court of Appeals · 1879
- Clarke v. HogemanWest Virginia Supreme Court · 1878
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