Ruggles v. Patten
Massachusetts Supreme Judicial Court
Assumpsit by the endorsee against the maker of a promissory note. — The declaration contained three counts. The first count alleged that the defendant, at Columbia, on the 8th of October, 1808, by his note of that date, in writing, by him subscribed, for value received, promised one Thomas Ruggles, to pay him, or his order, 1500 dollars at the Penobscot bank, kept at Bucks-town, in four months, with interest after that time; and the said Thomas, afterwards, on the 1st day of…
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Assumpsit by the endorsee against the maker of a promissory note. — The declaration contained three counts. The first count alleged that the defendant, at Columbia, on the 8th of October, 1808, by his note of that date, in writing, by him subscribed, for value received, promised one Thomas Ruggles, to pay him, or his order, 1500 dollars at the Penobscot bank, kept at Bucks-town, in four months, with interest after that time; and the said Thomas, afterwards, on the 1st day of May, 1810, by his endorsement, &c., ordered the contents of said note, then due and unpaid, to be paid to the…
1Opinion of the Court
By the Court.
This is an action of assumpsit brought by the endorsee against one of several joint promisers in a negotiable note for the payment of money. The defendant pleads in bar, that one of the joint promisers, other than himself, had paid his share or proportion of the money promised to the promisee, before the note was assigned, and that, in consideration thereof, the promisee had acquitted all the promisers from any further demand on * the note. As the promise appears from the record to have been joint, if the defendant would avail himself of that fact, he snould have shown it as…
2Cited by38 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Indig v. . National City BankNew York Court of Appeals · 1880
- Wolcott v. Van SantvoordNew York Supreme Court · 1819
- United States v. HodgeSupreme Court of the United States · 1848
- Milliken v. BrownSupreme Court of Pennsylvania · 1829
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