Clark v. Leach
Massachusetts Supreme Judicial Court
Assumpsit upon a promissory note, by the endorsee against the promisor. At the trial, which was had at the last November term in this county, it was agreed that the note in question, which was dated November 5, 1807, for 150 dollars, payable to Henry Dyer oi order on demand, was signed by the defendant, and endorsed by Dyer to the plaintiff six months after it was due.
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Assumpsit upon a promissory note, by the endorsee against the promisor. At the trial, which was had at the last November term in this county, it was agreed that the note in question, which was dated November 5, 1807, for 150 dollars, payable to Henry Dyer oi order on demand, was signed by the defendant, and endorsed by Dyer to the plaintiff six months after it was due. The defendant proved that Dyer, the promisee, was long before, and at the time of the endorsement of this note, justly indebted to him on unsettled accounts between them, and at the time of the trial was still indebted in a…
1Per curiam
The defendant is correct in his general position, that he is entitled to the same defence in this action as if Dyer had been the plaintiff. But in that case, he should not have availed himself of the defence urged at the trial, unless he had filed his account by way of set-off, pursuant to the statute. The direction to the jury was right, and there must be (a)
Judgment on the verdict.
*63ADDITIONAL NOT®.
[See Grene vs. Burditt, 9 Pick. 265. — Cary vs. Brancroft, 14 Ibid. 315. — Wood vs. Warren, 3 Applet. (Maine) 23.— Wiggin vs. Damrell, 4 N. H. 69. — Albee vs. Little, N. H. 277. — Martin vs.…
2Cases cited5 opinions
- Smith v. Van LoanNew York Supreme Court · 1837
- President of Hallowell & Augusta Bank v. HowardMassachusetts Supreme Judicial Court · 1816
- Stedman v. JillsonSupreme Court of Connecticut · 1833
- Martin v. ChapmanSupreme Court of Alabama · 1838
- Hodge v. Comly, Pennsylvania Court of Common Pleas, Philadelphia County1839
3Cited by8 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Jaffrey v. CornishSuperior Court of New Hampshire · 1840
- Burnham v. TuckerSupreme Judicial Court of Maine · 1841
- Hill v. CrockerSupreme Judicial Court of Maine · 1895
- Tudor v. WhitingMassachusetts Supreme Judicial Court · 1815
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