Peabody v. North
Massachusetts Supreme Judicial Court
Contract. The declaration was upon two notes, one for $1,600 and the other for $100, both being on demand, to the order of Aaron O. Wilder, guardian of Fanny G. North, with interest at the rate of six per cent per annum.
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Contract. The declaration was upon two notes, one for $1,600 and the other for $100, both being on demand, to the order of Aaron O. Wilder, guardian of Fanny G. North, with interest at the rate of six per cent per annum. The declaration also contained a count on an account annexed for $1,700, for the purchase price of a farm, with interest amounting to $786.53, making $2,486.53, less a credit of $840 for board of Fanny G. North until her death, on January 30,1888, leaving a balance due of $1,646.53. The defendant set up, among other defences, the statute of limitations. The case was submitted…
1Opinion of the CourtAllen, J.
This action is brought upon two promissory notes, and also upon an account annexed. The notes were signed by the defendant, and were payable to Wilder as guardian of Fanny G. North, and after her death were indorsed by the payee to the administrator of her estate. There is also a count upon an account annexed, for the purchase price of the land sold to the defendant by Wilder as such guardian. It is stated in the agreement of facts, that after the first sale, which proved invalid, the defendant gave the notes to said Wilder in payment for the land. Properly, the notes should have been made…
2Cases cited4 opinions
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
- Burgess v. KeyesMassachusetts Supreme Judicial Court · 1871
- Massachusetts General Hospital v. FairbanksMassachusetts Supreme Judicial Court · 1882
3Cited by3 opinions
- Day v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1917
- Tendler v. L. E. Massey, Inc.District of Columbia Court of Appeals · 1943
- National Cigar Stand Co. v. WebsterMassachusetts District Court, Appellate Division · 1937