Wheeler v. Rice
Massachusetts Supreme Judicial Court
This was an action of assumpsit against Reuben N. Rice and David Loring, on a promissory note for $75, dated January 1, 1846, payable to H. A. Wheeler or order, on demand, with interest, signed “ R. N. Rice & Co.; ” and indorsed by II. A. Wheeler before the commencement of the action.
Read the full summary
This was an action of assumpsit against Reuben N. Rice and David Loring, on a promissory note for $75, dated January 1, 1846, payable to H. A. Wheeler or order, on demand, with interest, signed “ R. N. Rice & Co.; ” and indorsed by II. A. Wheeler before the commencement of the action. Rice having left the state before service of the writ, and no service having been made on him, the plaintiff discontinued as to him, and the suit was defended by David Loring, the other defendant. At the trial in the court of common pleas, before Byington, J., the plaintiff introduced evidence tending to show,…
1Opinion of the CourtBigelow, J.
The bill of exceptions in this case presents two questions for the consideration of the court. The first relates to the competency of the admissions of Wheeler, the payee of the note in suit; and we are of opinion, that for the purpose for which they were offered at the trial, they were rightly rejected. By the bill of exceptions, it appears that this testimony was offered on the ground, that by virtue of the statute of 1839 c. 121, § 1, concerning notes payable on demand, the declarations of the payee were to be received in evidence, in like manner as if he had been the owner of the note and…
2Cases cited2 opinions
- Gansevoort v. WilliamsNew York Supreme Court · 1835
- Bank of Kentucky v. BrookingCourt of Appeals of Kentucky · 1822
3Cited by3 opinions
- Whiteside v. JenningsSupreme Court of Alabama · 1851
- Aven v. BeckomSupreme Court of Georgia · 1852
- Underhill v. GibsonSuperior Court of New Hampshire · 1821