National Granite Bank v. Tyndale
Massachusetts Supreme Judicial Court
The eirst CASE was an action upon three promissory notes, each for the sum of $5,000, in the form stated in National Granite Bank v. Whicher, 173 Mass. 517. The defendant is the administrator of the estate of Isabella S. Whicher. The declaration contained counts upon the notes and also counts for money loaned to the defendant’s intestate, for money had and received, etc.
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The eirst CASE was an action upon three promissory notes, each for the sum of $5,000, in the form stated in National Granite Bank v. Whicher, 173 Mass. 517. The defendant is the administrator of the estate of Isabella S. Whicher. The declaration contained counts upon the notes and also counts for money loaned to the defendant’s intestate, for money had and received, etc. At the trial in the Superior Court, before Gaskill, J., the plaintiff called the attention of the judge to the fact that the defendant had set up in his answer to the counts upon the promissory notes the defence that the same…
1Opinion of the CourtMorton, J.
These two cases were argued together. The first is an action at law, and was before this court on the defendant’s exceptions in 173 Mass. 517, and it was there held that the maker of the notes being a married woman, and the notes being made payable to the order of her husband and indorsed by him, no action could be maintained on them against her. It *549comes before us now on exceptions by the plaintiff to a ruling by the presiding justice that upon the plaintiff’s offer of proof an action could not be maintained against the administrator on the common counts for money lent or for money had and…
2Cases cited9 opinions
- Frankel v. FrankelMassachusetts Supreme Judicial Court · 1899
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Roby v. PhelonMassachusetts Supreme Judicial Court · 1875
- Woodward v. SpurrMassachusetts Supreme Judicial Court · 1886
- Clark v. PattersonMassachusetts Supreme Judicial Court · 1893
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3Cited by23 opinions
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
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- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Gahm v. GahmMassachusetts Supreme Judicial Court · 1923
- Commerce Bank & Trust Co. v. HayeckMassachusetts Appeals Court · 1999
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