Davis v. England
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $1000, in the form “ I promise to pay,” payable to the order of the plaintiff, and signed by “W. H. England, Pres, and Treas., Chelsea Iron Foundry Company.” The answer contained a general denial; and alleged that there was no consideration for the note.
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Contract upon a promissory note for $1000, in the form “ I promise to pay,” payable to the order of the plaintiff, and signed by “W. H. England, Pres, and Treas., Chelsea Iron Foundry Company.” The answer contained a general denial; and alleged that there was no consideration for the note. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The plaintiff put iu evidence the note; and the defendant, who was the president and treasurer of a corporation called the Chelsea Iron Foundry Company, organized under the laws of the State of New…
1Opinion of the CourtMorton, C. J.
The learned justice who presided in the Superior Court rightly ruled that the note sued on is the note of the defendant, and not of the Chelsea Iron Foundry Company. Tucker Manuf. Co. v. Fairbanks, 98 Mass. 101. But it was erroneous to admit oral testimony to show that, at the time the note was given and afterwards, it was understood and agreed by the parties that the note was the note of the Chelsea Iron Foundry Company.
Neither the pleadings nor the evidence raised the question whether the note had been discharged by any subsequent agreement. The note, being a written contract, is to be…
2Cases cited1 opinion
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
3Cited by9 opinions
- Jump v. SparlingMassachusetts Supreme Judicial Court · 1914
- Toon v. McCawWashington Supreme Court · 1913
- Andrus v. BlazzardUtah Supreme Court · 1901
- Shuey v. AdairWashington Supreme Court · 1897
- Union MacHinery & Supply Co. v. Taylor-Morrison Logging Co.Washington Supreme Court · 1927
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