Drum v. Drum
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $100, dated October 19, 1869, payable on demand to the plaintiff, or order, signed by the defendant, and witnessed. Writ dated September 28, 1878. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered the note in evidence; and the signatures of the defendant and of the attesting witness were proved.
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Contract upon a promissory note for $100, dated October 19, 1869, payable on demand to the plaintiff, or order, signed by the defendant, and witnessed. Writ dated September 28, 1878. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered the note in evidence; and the signatures of the defendant and of the attesting witness were proved. It appeared that the note, after its delivery to the plaintiff, who could neither read nor write, had been changed in the following respects: the figures “ $100 ” had been made to…
1Opinion of the CourtColburn, J.
The note declared on in this case was for $100, signed by the defendant, and payable to the plaintiff, or order. Upon the production of the note, it appeared to have been changed from a note for $100 to a note for $136, or $156, in the manner stated in the exceptions.
It was proved at the trial, that this note was originally a valid note for $100, and it was not pretended that it had ever been changed with the knowledge or consent of the defendant. The note was not indorsed, and, so far as appears, had always been owned by the plaintiff, and in his possession or in that of his agent.
These…
2Cases cited1 opinion
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
3Cited by7 opinions
- Jeffrey v. RosenfeldMassachusetts Supreme Judicial Court · 1901
- Gaylord v. PellandMassachusetts Supreme Judicial Court · 1897
- Church v. FowleMassachusetts Supreme Judicial Court · 1886
- James v. TiltonMassachusetts Supreme Judicial Court · 1903
- Colby v. FoxworthyNebraska Supreme Court · 1904
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