Tucker v. Tucker
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $1000 dated Attleborough, July 1,1869, payable on demand to the plaintiff and signed by the defendant. Writ dated December 18, 1873. The declaration alleged the following particulars : On or about July 1, 1869, the defendant made and delivered to Eliza A. Tucker a promissory note for the sum of $1000,- payable on demand to her order, which she soon after lost, and the same has never been found or paid.
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Contract upon a promissory note for $1000 dated Attleborough, July 1,1869, payable on demand to the plaintiff and signed by the defendant. Writ dated December 18, 1873. The declaration alleged the following particulars : On or about July 1, 1869, the defendant made and delivered to Eliza A. Tucker a promissory note for the sum of $1000,- payable on demand to her order, which she soon after lost, and the same has never been found or paid. Afterwards she indorsed, transferred and assigned all her right, title and interest in said note to Annie F. Newell of said Attleborough. The plaintiff…
1Opinion of the Court
Gray, C J.
The note declared on was dated July 1,1869, for $1000 payable on demand. The evidence at the trial was that the plaintiff lent the defendant $1000 in July, in 1868 or 1869, and at the same time received from him a note, which, there being no evidence when it was payable, might be presumed to be payable on demand; and that this note had been lost and could not be produced. This evidence was sufficient, in the absence of evidence that any other note of this amount was ever given by the defendant to the plaintiff, to identify the note in suit, and to warrant the jury in returning a…
2Cases cited2 opinions
- McGregory v. McGregoryMassachusetts Supreme Judicial Court · 1871
- Cock v. FellowsNew York Supreme Court · 1806
3Cited by3 opinions
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Schmidt v. People's National BankMassachusetts Supreme Judicial Court · 1891
- Degnan v. FarrMassachusetts Supreme Judicial Court · 1879