Snow v. Batchelder
Massachusetts Supreme Judicial Court
This was an action by the payee against the maker of a promissory note. The defendant alleged that the note was an accommodation note, given by him to the plaintiff as a loan without consideration; and also filed an account in set off. It appeared by the writ, that the defendant was held to bail thereon, the oath for that purpose being made, on behalf of the plaintiff, by George Dodge, by whom the writ was also indorsed as follows: “ Mr. Officer.
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This was an action by the payee against the maker of a promissory note. The defendant alleged that the note was an accommodation note, given by him to the plaintiff as a loan without consideration; and also filed an account in set off. It appeared by the writ, that the defendant was held to bail thereon, the oath for that purpose being made, on behalf of the plaintiff, by George Dodge, by whom the writ was also indorsed as follows: “ Mr. Officer. Attach sufficient property, or hold to bail. Per order of George Dodge, for said Snow.” The action had been referred to an auditor, who reported…
1Opinion of the CourtShaw, C. J.
The present case seems to have been presented to the jury as a question of fact, upon very conflicting *515evidence, upon the point that .the note in question was an accommodation note, made and delivered by the defendant to the plaintiff, without consideration, and as a loan; and if it was so, in a suit by the promisee against the promisor, this would, without doubt, be a good defence. But the evidence is not reported with a view to enable this court to judge of its weight, and perhaps it is not all reported; and we must confine ourselves strictly to questions of law arising on the bill of…
2Cases cited3 opinions
- Montgomery v. HenrySupreme Court of the United States · 1780
- Ely v. ForwardMassachusetts Supreme Judicial Court · 1810
- Caldwell v. LovettMassachusetts Supreme Judicial Court · 1816
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