Legal Opinion

Moies v. Bird

Massachusetts Supreme Judicial Court

Decided October 15, 1814PublishedCited by 70 opinions

Case on a promissory note, dated January 1, 1810, for 355 dollars, payable in one year from its date. At a trial of the cause upon the general issue, before the late Chief Justice Sewall, at the sittings after October term, 1812, the plaintiff gave in evidence a note of the date set forth in the declaration made to the plaintiff, and promising to pay him, or his order, 355 dollars in one year, which was signed by one Benjamin Bird, whose signature was admitted.

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Case on a promissory note, dated January 1, 1810, for 355 dollars, payable in one year from its date. At a trial of the cause upon the general issue, before the late Chief Justice Sewall, at the sittings after October term, 1812, the plaintiff gave in evidence a note of the date set forth in the declaration made to the plaintiff, and promising to pay him, or his order, 355 dollars in one year, which was signed by one Benjamin Bird, whose signature was admitted. The defendant also admitted that his name had been signed in blank upon the back of said note. The cause stood over to this term, and…

1Opinion of the CourtParker, C. J.

[After reciting the facts from the report.] A verdict having been returned for the plaintiff, a motion is made for a new trial, upon the ground that the direction given at the trial was not right in point of law; and this motion has been urged upon the Court.

It is insisted, by the defendant’s counsel, that, as the bargain for the land had been completed, and the deed delivered, before the note was presented to the defendant for his signature, his undertaking was merely collateral, and not binding, for want of a consideration, and for want of a memorandum in writing, according to the…

2Cases cited5 opinions

  1. Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
  2. Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
  3. Tillman v. WheelerNew York Supreme Court · 1820
  4. Birchard v. BartletMassachusetts Supreme Judicial Court · 1817
  5. Brush v. Administrators of ReevesNew York Supreme Court · 1808

3Cited by70 opinions

  1. Good v. MartinSupreme Court of the United States · 1877
  2. Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
  3. Hopkins, Brother & Co. v. RichardsonSupreme Court of Virginia · 1852
  4. County of Montgomery v. AuchleySupreme Court of Missouri · 1887
  5. McNaught v. . McClaughryNew York Court of Appeals · 1870

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