Swazey v. Allen
Massachusetts Supreme Judicial Court
Contract on a promissory note, dated April 11, 1854, and purporting to be signed by the defendant, and witnessed by A. H. Allen. Writ dated May 24,1873. The answer set up the statute of limitations.
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Contract on a promissory note, dated April 11, 1854, and purporting to be signed by the defendant, and witnessed by A. H. Allen. Writ dated May 24,1873. The answer set up the statute of limitations. At the trial in the Superior Court before Wilkinson, J., the plaintiff's counsel stated in opening that the note declared on was signed by the defendant at the time of its date ; that no person being present but the parties, it was not then witnessed, but the parties agreed it should subsequently be signed by some person as a witness; that some four years afterwards the parties being together, the…
1Opinion of the CourtWells, J.
The note in suit purported to bear the attestation of a witness, so as to come within the exception to the general statutes limiting such actions to six years. Gen. Sts. e. 155, § 4. Upon the question of the legal sufficiency of such an attestation, for the purpose of giving it that effect, all the facts and circumstances relating to it are competent to be proved by paroi testimony. To prove that it was subscribed to the note with the knowledge and assent of the maker, and in pursuance of the agreement or understanding of the parties at the time the note was signed, is no more to vary or add…
2Cited by6 opinions
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- Whitney v. ClaryMassachusetts Supreme Judicial Court · 1887
- Talbot v. TraverMassachusetts Supreme Judicial Court · 1952
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