Powers v. Mann
Massachusetts Supreme Judicial Court
Contract, to recover the balance due upon a promissory note made by the firm of Severance and Tappan. At the time of the making thereof the firm was composed of Frank B. Severance, Daniel L. Tappan, and Josiah H. Mann. The case was tried against Mann, the other defendants having been defaulted.
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Contract, to recover the balance due upon a promissory note made by the firm of Severance and Tappan. At the time of the making thereof the firm was composed of Frank B. Severance, Daniel L. Tappan, and Josiah H. Mann. The case was tried against Mann, the other defendants having been defaulted. At the trial in the Superior Court, before Thompson, J., it appeared in evidence that on December 22, 1885, the plaintiff loaned the defendants a sum of money, taking therefor their note; that on or about December 26,1886, the firm of Severance and Tappan was dissolved by the retirement of Mann, and…
1Opinion of the CourtHolmes, J.
The plaintiff sued upon a note made by the firm of Severance and Tappan while the defendant Mann was a member. Mann’s defence was that the firm was dissolved, that Severance and Tappan then agreed to pay the outstanding debts, including this note, that they subsequently went into insolvency, and that the plaintiff elected to prove against them, and thus discharged Mann by force of the Pub. Sts.- c. 157, § 125. The question tried before the jury was whether the plaintiff elected as alleged. It was not denied that the plaintiff proved against Severance and Tappan, or that subsequently his proof…
2Cited by1 opinion
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