Spaulding v. Backus
Massachusetts Supreme Judicial Court
Bill in equity, filed April 29, 1875, by the executors of the will of Jonathan S. Baker, against Boardman P. Backus, William H. Stoddard and J. D. Kellogg to restrain an action at law upon a certain promissory note, and to enforce in set-off a certain other promissory note, not yet due, made by the defendant Backus and payable to the plaintiff’s testator.
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Bill in equity, filed April 29, 1875, by the executors of the will of Jonathan S. Baker, against Boardman P. Backus, William H. Stoddard and J. D. Kellogg to restrain an action at law upon a certain promissory note, and to enforce in set-off a certain other promissory note, not yet due, made by the defendant Backus and payable to the plaintiff’s testator. Hearing upon the pleadings and a master’s report, before Gray, C. J., who reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtEndicott, J.
The plaintiffs’ testator, Jonathan S. Baker, agreed on or about March 1,1871, to lend the defendant Backus $5000 upon his note for that sum, payable in six years, and to take an assignment of a certain contract as collateral. The note was given and the contract assigned. Backus received, at the time, Baker’s note for $3180, payable in four months, and cash to the amount of $1820. This note was payable to Backus, and on June 29, 1871, was duly assigned fat value to the defendants Stoddard and Kellogg, and the next day they notified the plaintiffs (who, in the mean time, had been appointed…
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