Legal Opinion

McKim v. Foley

Massachusetts Supreme Judicial Court

Decided February 28, 1898PublishedCited by 19 opinions

Contract, upon a probate bond, purporting to have been executed by one Davidson as principal, and by the defendant as surety. At the trial in this court, before Lathrop, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.

1Opinion of the CourtField, C. J.

The question of the genuineness of the defendant’s signature on the bond in suit was the principal issue at the trial. The plaintiff put in the testimony of an expert in handwriting, that the signature of the defendant’s name on the bond was genuine, and this was his only witness on this point. The exceptions then recite as follows:

“ The defendant testified that he did not sign the bond in question; but upon cross-examination he testified that it was like his handwriting, but he did not remember having signed it. On re-examination he stated that, as a matter of recollection, he had not signed…

2Cases cited1 opinion

  1. Commonwealth v. FinnertyMassachusetts Supreme Judicial Court · 1889

3Cited by19 opinions

  1. Back v. Wickes Corp.Massachusetts Supreme Judicial Court · 1978
  2. Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
  3. Commonwealth v. Peoples Express Co.Massachusetts Supreme Judicial Court · 1909
  4. Grady v. Collins Transportation Co. Inc.Massachusetts Supreme Judicial Court · 1960
  5. Thornton v. First National Stores, Inc.Massachusetts Supreme Judicial Court · 1960

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