State Trust Co. v. Owen Paper Co.
Massachusetts Supreme Judicial Court
Contract, against the Owen Paper Company, a corporation, Henry D. Cone, and Sarah B. Cone, upon the following instrument: “ 125,000. New York, Nov. 11th, 1891. On March 11th, 1892, after date, without grace, we promise to pay to the order of the State Trust Company, at the office of said company in the city of New York, twenty-five thousand dollars in gold coin of the United States of the present standard of weight and fineness, or its equivalent, for value received, with…
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Contract, against the Owen Paper Company, a corporation, Henry D. Cone, and Sarah B. Cone, upon the following instrument: “ 125,000. New York, Nov. 11th, 1891. On March 11th, 1892, after date, without grace, we promise to pay to the order of the State Trust Company, at the office of said company in the city of New York, twenty-five thousand dollars in gold coin of the United States of the present standard of weight and fineness, or its equivalent, for value received, with interest at the rate of six per cent per annum, having pledged to the said company the under mentioned security (with…
1Opinion of the CourtField, C. J.
This case was tried by the court without a jury, and comes before us on report. The court found for the plaintiff, and assessed the damages.
There was no variance between the note introduced in evidence and the note described in the pleadings. Taking the declaration and the replication together, they correctly describe the facts concerning the form of the note as they appeared when it was offered in evidence,* and b)the law of Massachusetts, which was the only law of which the court could take notice at the stage of the case when the objection of a variance was made, the indorsement of the…
2Cases cited3 opinions
- Hodges v. . ShulerNew York Court of Appeals · 1860
- Brown v. ButlerMassachusetts Supreme Judicial Court · 1868
- Baldwin v. DowMassachusetts Supreme Judicial Court · 1881
3Cited by3 opinions
- Brooks v. StackpoleMassachusetts Supreme Judicial Court · 1897
- National Bank of the Republic v. DelanoMassachusetts Supreme Judicial Court · 1904
- Legg v. VinalMassachusetts Supreme Judicial Court · 1896