Koltin v. Brown
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $150. Writ in the Municipal Court of the City of Boston dated January .4,1918. The facts which appeared at the trial in the Municipal Court, and also the questions of law there raised, are described in the opinion. The trial judge found for the defendant and, at the request of the plaintiff, reported the case to the Appellate Division. The Appellate Division ordered judgment to be entered for the plaintiff. The defendant appealed.
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Contract upon a promissory note for $150. Writ in the Municipal Court of the City of Boston dated January .4,1918. The facts which appeared at the trial in the Municipal Court, and also the questions of law there raised, are described in the opinion. The trial judge found for the defendant and, at the request of the plaintiff, reported the case to the Appellate Division. The Appellate Division ordered judgment to be entered for the plaintiff. The defendant appealed. Section 51 of R. L. c. 102, known as the small loans act, is as follows: “A loan of less than one thousand dollars shall be…
1Opinion of the CourtCrosby, J.
This is an action on a promissory note made by the defendant and delivered to one Rubenstein, who transferred it to the plaintiff after maturity. The defence is want of consideration.
The history of the transaction between the parties so far as material to the determination of the issue involved is as follows: On March 1, 1915, a corporation known as the Dinsmore Power Process Company borrowed $590 from Rubenstein and gave to him its promissory note for that amount payable to his order in two months. The note was indorsed by the defendant and also by one Mintz. This note was renewed five times…
2Cases cited3 opinions
- Shawmut Commercial Paper Co. v. BrighamMassachusetts Supreme Judicial Court · 1912
- Spofford v. State Loan Co.Massachusetts Supreme Judicial Court · 1911
- Reed v. Boston Loan Co.Massachusetts Supreme Judicial Court · 1893
3Cited by3 opinions
- Skinner v. KapplesMassachusetts Supreme Judicial Court · 1946
- Goodman Finance Co. v. DevineMassachusetts District Court, Appellate Division · 1942
- Skinner v. KapplesMassachusetts District Court, Appellate Division · 1946