Legal Opinion

Jackman v. Doland

Massachusetts Supreme Judicial Court

Decided January 9, 1875PublishedCited by 8 opinions

Contract on a promissory note, dated July 15, 1872, for $280, payable four months after date. Writ dated March 24, 1873. The answer denied the making of the note, and that the défendant owed the plaintiff the same, and proceeded as follows: “ And the said defendant, further answering, says, that if it shall appear, at the trial of this suit, that he made and signed said note, it will also appear that the said plaintiff, by a bill of sale in writing, sold to the defendant all…

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Contract on a promissory note, dated July 15, 1872, for $280, payable four months after date. Writ dated March 24, 1873. The answer denied the making of the note, and that the défendant owed the plaintiff the same, and proceeded as follows: “ And the said defendant, further answering, says, that if it shall appear, at the trial of this suit, that he made and signed said note, it will also appear that the said plaintiff, by a bill of sale in writing, sold to the defendant all the property used and employed by him in carrying on the wood and coal business, in Lawrence, for the sum of $1280, and…

1Opinion of the CourtGray, C. J.

The first part of the answer sets up no legal defence, because it states no facts, but only what in a certain contingency may be the evidence at the trial. Suit v. Woodhall, ante, 547.

If the rest of the answer can be treated as constituting a separate allegation, it is insufficient, because it does not show any neglect on the part of the plaintiff, or lapse of reasonable time, or refusal upon demand; and because, if it did, the matters alleged would not show a want of consideration, but at most only a subject of recoupment, which is not pleaded. Hodgkins v. Moulton, 100 Mass. 309. Exceptions…

2Cases cited1 opinion

  1. Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868

3Cited by8 opinions

  1. Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
  2. Caverly v. McOwenMassachusetts Supreme Judicial Court · 1878
  3. Lewis v. RussellMassachusetts Supreme Judicial Court · 1939
  4. Farrar v. PaineMassachusetts Supreme Judicial Court · 1899
  5. Milliken v. WarwickMassachusetts Supreme Judicial Court · 1940

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