Brannon v. Hursell
Massachusetts Supreme Judicial Court
Contract against John C. Hursell and Horace Humphrey on a promissory note of the tenor following: $1500. Boston, March 14, 1870. Four months after date I promise to pay to the order of Horace Humphrey fifteen hundred dollars. Value received with interest at 10 per cent. John C. Hursell. [Indorsed] Horace Humphrey. Both defendants appeared by the same counsel and filed a joint answer denying each and every allegation of the plaintiff’s declaration.
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Contract against John C. Hursell and Horace Humphrey on a promissory note of the tenor following: $1500. Boston, March 14, 1870. Four months after date I promise to pay to the order of Horace Humphrey fifteen hundred dollars. Value received with interest at 10 per cent. John C. Hursell. [Indorsed] Horace Humphrey. Both defendants appeared by the same counsel and filed a joint answer denying each and every allegation of the plaintiff’s declaration. At the trial in the Superior Court, before Putnam, J., the plaintiff sought to recover of the defendant Humphrey both upon the ground that the…
1Opinion of the CourtMorton, J.
We do not see, in the numerous exceptions taken by the defendant Humphrey, any reason for disturbing the verdict in this case.
1. Both defendants appeared by the same counsel, and filed an answer denying all the allegations of the declaration. At the trial the counsel withdrew the appearance for the defendant Hursell, but he was not defaulted. We do not think that the counsel for Humphrey could claim, as a matter of right, that Hursell should be defaulted, so as to preclude the plaintiff from the right to try his case in the manner in which he had prepared it upon the pleadings as they stood…
2Cases cited1 opinion
- Miller v. BurroughsNew York Court of Chancery · 1820
3Cited by28 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Seton v. HoytOregon Supreme Court · 1899
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Barbour v. TompkinsWest Virginia Supreme Court · 1888
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