Cook v. Baldwin
Massachusetts Supreme Judicial Court
Contract on five drafts, payable to the plaintiffs, drawn on the defendant and alleged to have been accepted by him. Trial in the Superior Court, before Pitman, J., without a jury, who allowed a bill of exceptions in substance as follows: The plaintiffs introduced evidence tending to show that the defendant wrote the following words on four of the drafts: “I take notice of the above, Henry Baldwin; ” and, on one of these drafts, for $600, subsequently made a partial payment…
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Contract on five drafts, payable to the plaintiffs, drawn on the defendant and alleged to have been accepted by him. Trial in the Superior Court, before Pitman, J., without a jury, who allowed a bill of exceptions in substance as follows: The plaintiffs introduced evidence tending to show that the defendant wrote the following words on four of the drafts: “I take notice of the above, Henry Baldwin; ” and, on one of these drafts, for $600, subsequently made a partial payment of $400; that these orders were drawn on the defendant by certain debtors of the plaintiffs in their favor, to pay them…
1Opinion of the Court
Dbvbíts, J.
The whole of the facts, upon which the Superior Court has found that there was no acceptance of the orders, upon which this suit is brought, are not before us, so that even if, when all the facts are found, it is a question of law for the court whether they prove an acceptance, the question is here only whether the writing of the words “ I take notice of the above ” constitutes in itself such complete proof of acceptance that it was not competent for the Superior Court to find otherwise.
These orders may legally be defined as inland bills of exchange, for, although not negotiable,…
2Cases cited3 opinions
- Shouse v. UtterbackCourt of Appeals of Kentucky · 1859
- Grant v. ShawMassachusetts Supreme Judicial Court · 1820
- Dunavan v. FlynnMassachusetts Supreme Judicial Court · 1875
3Cited by8 opinions
- First National Bank v. Commercial Savings BankSupreme Court of Kansas · 1906
- Bank of Deer Lodge v. Hope Mining Co.Montana Supreme Court · 1878
- Valiquette v. Clark Bros. Coal Mining Co.Supreme Court of Vermont · 1910
- O'Connell v. Mount Holyoke CollegeMassachusetts Supreme Judicial Court · 1899
- Zilli v. RomeMassachusetts Supreme Judicial Court · 1922
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