Saulenas v. Penn
Massachusetts Supreme Judicial Court
1Opinion of the CourtDonahue, J.
The plaintiffs, who are husband and wife, in May, 1924, lent $1,000 to Dr. Henry S. Penn, and a note for that amount payable in one year signed by the doctor and his brother was at that time delivered to the plaintiffs. In 1931 they brought suit on the note to recover $800 as the unpaid balance of the principal, naming both makers as defendants. Shortly after August 3, 1928, Dr. Penn left the Commonwealth and has since resided in *411California. No service on him was ever obtained and the suit has been prosecuted against his brother as the sole defendant. The case was tried before a judge of the…
2Cases cited11 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Ely v. JamesMassachusetts Supreme Judicial Court · 1877
- Fratta v. RossettiMassachusetts Supreme Judicial Court · 1931
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3Cited by7 opinions
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- Terry v. Kemper InsuranceMassachusetts Supreme Judicial Court · 1983
- Ostrander v. Andre (In Re Motta)United States Bankruptcy Court, D. Massachusetts · 2010
- Franks v. HennessyMassachusetts Superior Court · 1995
- Goober v. WayneMassachusetts District Court, Appellate Division · 1967
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