Manning v. Wheatland
Massachusetts Supreme Judicial Court
Case upon a promissory note for 550 dollars, payable to Samue1. C. Ward, or order, in eight months from the date, signed by the defendant, and endorsed by the said Ward to Richard Manning, the plaintiff’s testator.
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Case upon a promissory note for 550 dollars, payable to Samue1. C. Ward, or order, in eight months from the date, signed by the defendant, and endorsed by the said Ward to Richard Manning, the plaintiff’s testator. At the trial, which was had before Sewall, J., upon the general issue, April term, 1812, the plaintiff gave in evidence the note declared on, dated the 24th of May, 1809, the signatures of the defendant and of Ward, the endorser, being admitted. * The defence was, that the note had been unfairly sold [ * 503 ] by Ward, and that he negotiated it upon a usurious consideration and…
1Per curiam
The only question necessary to be decided in this case is, whether Ward, the promisee in the note, and the endorser of it to the plaintiff’s testator, is a competent witness to prove usury between him and his endorsee in the transfer; (a) and we are clearly of opinion that he is not.
It having been decided, in the case of Churchill vs. Suter, which was cited in the argument, that a party, who has by his signature given credit and currency to a negotiable instrument, shall not be admitted as a witness to impeach that instrument on the ground of *492fraud or other illegality, we refer to that case…
2Cases cited5 opinions
- Fox v. WhitneyMassachusetts Supreme Judicial Court · 1819
- Jackson ex dem. Skinner v. PackardNew York Supreme Court · 1831
- Lloyd v. KeachSupreme Court of Connecticut · 1817
- Harrisburg Bank v. ForsterSupreme Court of Pennsylvania · 1839
- Widgery v. MunroeMassachusetts Supreme Judicial Court · 1810
3Cited by12 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
- Griffith v. RefordSupreme Court of Pennsylvania · 1829
- Ross v. KnightSuperior Court of New Hampshire · 1827
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