Murphy v. Collins
Massachusetts Supreme Judicial Court
Contract upon the following promissory note, signed by the defendant: “Canaan, July 5,1873. On demand, for value received, I promise to pay Edwin F. Wheeler, or bearer, twenty-five-dollars, with interest.”
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Contract upon the following promissory note, signed by the defendant: “Canaan, July 5,1873. On demand, for value received, I promise to pay Edwin F. Wheeler, or bearer, twenty-five-dollars, with interest.” Trial in the Superior Court, before Aldrich, J., without a jury, who allowed a bill of exceptions in substance as follows : The note was made and delivered on Sunday, in the State of New York, at the house of one Wheeler, no other person except Wheeler and the defendant being present at the time. The defendant asked the judge to rule that the note was void in law, and that the plaintiff was…
1Opinion of the CourtGray, C. J.
The bill of exceptions does not show any error of law in the ruling of the court below. The note having been made and delivered in the State of New York, and not appearing to be payable elsewhere, its validity depended on the law of that state. Stevenson v. Payne, 109 Mass. 378. What that *7law was, was a question of fact, upon which no evidence appears to have been given at the trial, or can be introduced for the first time at the argument of the exceptions in this court. Knapp v. Abell, 10 Allen, 485. The contract was not void by the common law; and there is no presumption that the law of…
2Cases cited5 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Abell v. DouglassNew York Supreme Court · 1847
- Ellis v. MaxsonMichigan Supreme Court · 1869
- Dunn v. Adams, Parmeter & Co.Supreme Court of Alabama · 1840
- Stevenson v. PayneMassachusetts Supreme Judicial Court · 1872
3Cited by15 opinions
- Daniels v. PrattMassachusetts Supreme Judicial Court · 1887
- Kelley v. KelleyMassachusetts Supreme Judicial Court · 1894
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- St. Sure v. LindsfeltWisconsin Supreme Court · 1892
- Frank v. BobbittMassachusetts Supreme Judicial Court · 1891
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