Turner v. Rogers
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $203.60, signed by the defendant, dated January 27,1875, and payable to the plaintiff three months after date. The answer contained a general denial, set up want and failure of consideration, failure on the part of the plaintiff to perform a condition precedent to the payment of the note, and fraud in procuring the same. The defendant also filed a declaration in set-off.
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Contract upon a promissory note for $203.60, signed by the defendant, dated January 27,1875, and payable to the plaintiff three months after date. The answer contained a general denial, set up want and failure of consideration, failure on the part of the plaintiff to perform a condition precedent to the payment of the note, and fraud in procuring the same. The defendant also filed a declaration in set-off. At the trial in the Superior Court, before Wilkinson, J., the due execution of the note was admitted, and the defendant offered to show, in support of the allegations in the answer, the…
1Opinion of the Court
By the Court.
The agreement of the plaintiff and the transfer to the defendant of the other note were a sufficient consideration for the note in suit. Hubon v. Park, 116 Mass. 541. The contracts of the plaintiff and of the defendant being distinct, and to be performed at different times, the non-perform-once of the one is no defence to an action on the other. Upon the question of set-off, no ruling appears to have been made at the trial, Exceptions overruled.
2Cases cited1 opinion
- Hubon v. ParkMassachusetts Supreme Judicial Court · 1875
3Cited by9 opinions
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1887
- Pelonsky v. WattendorfMassachusetts Supreme Judicial Court · 1926
- Beam v. . WrightSupreme Court of North Carolina · 1944
- Hapgood v. WellingtonMassachusetts Supreme Judicial Court · 1884
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