Dean v. Carruth
Massachusetts Supreme Judicial Court
Cohtbact, brought November 25, 1870, against the administrator of the estate of Samuel 0. West, on the following promissory note made to the. plaintiff by the intestate: “ Taunton, August 15, 1857. For value received I promise to pay Mrs. Jane I. Baylies five hundred dollars on demand. “ Witness, A. E. Swasey.” “ Samuel C. West.” The answer alleged that the note was void for want of consideration.
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Cohtbact, brought November 25, 1870, against the administrator of the estate of Samuel 0. West, on the following promissory note made to the. plaintiff by the intestate: “ Taunton, August 15, 1857. For value received I promise to pay Mrs. Jane I. Baylies five hundred dollars on demand. “ Witness, A. E. Swasey.” “ Samuel C. West.” The answer alleged that the note was void for want of consideration. At the trial in the superior court, before Scudder, J., the plaindff produced the note, and the defendant admitted that it was in fact signed and witnessed as it purported to be; whereupon the…
1Opinion of the CourtColt, J.
All the evidence upon which this case was submitted to the jury is reported. The court was asked to rule at the trial, as matter of law, that the plaintiff could not maintain the action upon this evidence, on the ground that no consideration was shown for the note declared on ; and exception is taken to the refusal so to rule. Under instructions which were not otherwise objected to, the jury found for the plaintiff; and the verdict must stand, unless we can say, as matter of law, that there was no evidence in the case to warrant it.
The weight or sufficiency of the evidence is not here to be…
2Cases cited2 opinions
- Ford v. EllingwoodCourt of Appeals of Kentucky · 1860
- Robbins v. PotterMassachusetts Supreme Judicial Court · 1868
3Cited by18 opinions
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Finegan v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1938
- Deeter v. BurkIndiana Court of Appeals · 1914
- Hill v. DillonMissouri Court of Appeals · 1913
- Flint v. PhippsOregon Supreme Court · 1888
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