Woodward v. Leavitt
Massachusetts Supreme Judicial Court
Writ or review, dated June 13,1870, of a judgment for the defendant in an action brought against her in the superior court on July 25,1869, upon two promissory notes, made by her testator, payable to the plaintiff or bearer.
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Writ or review, dated June 13,1870, of a judgment for the defendant in an action brought against her in the superior court on July 25,1869, upon two promissory notes, made by her testator, payable to the plaintiff or bearer. At the trial in the superior court, before Dewey, J., it appeared that the notes were each for $250, dated September 22,1862, and secured by mortgage, and that one of them was payable April 1, 1867, and the other April 1,1868. The defence was payment by the defendant’s testator on April 17,1863. “ The defendant testified that, about a year after the death of the testator,…
1Opinion of the CourtChapman, C. J.
1. The notes in suit had been given to the plaintiff by the defendant’s testator, who was also her husband. After the testator’s death, the defendant had been sued upon them by Drake, and the first exception is to the refusal of the court to permit the plaintiff’s counsel, on cross-examination, to ask the defendant if she did not ascertain from counsel, while the notes were in Drake’s hands, that she could not defend against Drake. If counsel had told her this, we cannot see how the fact is material to this action, or would affect her defence against Woodward ; and we think the refusal was…
2Cases cited13 opinions
- United States v. ReidSupreme Court of the United States · 1852
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Dana v. TuckerNew York Supreme Court · 1809
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
- Inhabitants of Bridgewater v. Inhabitants of PlymouthMassachusetts Supreme Judicial Court · 1867
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3Cited by163 opinions
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- Government of the Virgin Islands v. Beaumont Gereau, in Nos. 74-2019, 74-2020, 74-2021, 74-2022,74-2023Court of Appeals for the Third Circuit · 1975
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
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