Towne v. Jaquith
Massachusetts Supreme Judicial Court
Action of the case on a promissory note dated September 20th, 1805, subscribed by the defendant, payable to Moses Lewis or order, and by him endorsed to the plaintiff.
Read the full summary
Action of the case on a promissory note dated September 20th, 1805, subscribed by the defendant, payable to Moses Lewis or order, and by him endorsed to the plaintiff. The general issue was pleaded and joined ; and upon the trial before Parker, J., at the sittings after the last October term in the county, the signatures being admitted, the defence was founded on the following facts proved in the case, viz., — that Lewis and the defendant, having a dispute respecting the quantity and value of certain timber furnished by the former to the latter, agreed by parole to submit to the decision of…
1Opinion of the CourtSewall, J.
This is an action by the endorsee of a promissory note against the promisor. The defence is, that the note was improperly obtained, and exists without any valuable consideration ; and that the plaintiff had notice of the objections to it. And from the finding of the jury, under the directions given at the trial, it is understood that this note, payable to Moses Lewis or order, with another noté for the same amount by him payable to the defendant, were deposited, as mutual pledges, to secure the performance of an award by three arbitrators, to whom the parties to the notes had agreed to submit…
2Cases cited3 opinions
- Patterson v. LeavittSupreme Court of Connecticut · 1821
- Kupfer v. Inhabitants of the South Parish in AugustaMassachusetts Supreme Judicial Court · 1815
- Kerr v. DildineNew York Supreme Court · 1887
3Cited by16 opinions
- J. F. Fitzgerald Construction Co. v. Southbridge Water Supply Co.Massachusetts Supreme Judicial Court · 1939
- Stose v. HeisslerIllinois Supreme Court · 1887
- Patterson v. LeavittSupreme Court of Connecticut · 1821
- Hodges v. ThacherSupreme Court of Vermont · 1851
- Martignette v. Sagamore Manufacturing Co.Massachusetts Supreme Judicial Court · 1959
11 more not listed; retrieve them via the Exa API.