Eastman v. Symunds
Massachusetts Supreme Judicial Court
Contract on two promissory notes made by the defendant payable to the order of Mrs. Harriet M. Hart, indorsed by her to the plaintiff, and overdue at the date of the writ, November 28, 1868. At the trial in the superior court, before Pitman, J., without a jury, the making of the notes by the plaintiff was proved, and it was admitted “ that they were indorsed by Mrs. Hart to the plaintiff and discounted by him for her before their maturity.”
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Contract on two promissory notes made by the defendant payable to the order of Mrs. Harriet M. Hart, indorsed by her to the plaintiff, and overdue at the date of the writ, November 28, 1868. At the trial in the superior court, before Pitman, J., without a jury, the making of the notes by the plaintiff was proved, and it was admitted “ that they were indorsed by Mrs. Hart to the plaintiff and discounted by him for her before their maturity.” The defendant put in evidence the record and papers of a suit in equity brought in this court by Mrs. Hart against this plaintiff, pending the present…
1Opinion of the CourtColt, J.
The judgment and proceedings in the equity suit are no bar to this action. The suit was brought by Mrs. Hart, the payee and indorser of the notes upon which this action is brought, for the sole purpose of redeeming certain mortgages held by the present plaintiff upon her furniture. It was referred to a master, to report what sum was due, upon whose report a decree for redemption on payment of the sum found due was entered in the usual form.
The question before the master was of the amount then due on the plaintiff’s mortgages. In ascertaining that, it was not necessary for him to determine…
2Cases cited1 opinion
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Olsen v. OlsenMassachusetts Supreme Judicial Court · 1936
- In Re Assessment of First National Bank of ChickashaSupreme Court of Oklahoma · 1923
- Waterhouse v. LevineMassachusetts Supreme Judicial Court · 1903
- Morse v. ElmsMassachusetts Supreme Judicial Court · 1881
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