Buxton v. Edwards
Massachusetts Supreme Judicial Court
Contract, against ‘William Edwards, Stephen K. Edwards' and Frank Edwards. The writ described the defendants as “late copartners as Wm. Edwards & Sons.” The declaration contained three counts. The first count was on a promissory note, dated July 1, 1879, for $3217, payable to the order of the plaintiff, on demand, after date, with interest at the rate of seven per cent per annum, alleged to be signed “ Wm. Edwards & Sons.”
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Contract, against ‘William Edwards, Stephen K. Edwards' and Frank Edwards. The writ described the defendants as “late copartners as Wm. Edwards & Sons.” The declaration contained three counts. The first count was on a promissory note, dated July 1, 1879, for $3217, payable to the order of the plaintiff, on demand, after date, with interest at the rate of seven per cent per annum, alleged to be signed “ Wm. Edwards & Sons.” The second count was for money had and received, according to an account annexed, the first item of which was as follows: “1879, July 1. To amount found due from the…
1Opinion of the CourtW. Allen, J.
1. The first count, and the exceptions relating to it, are disposed of by the verdict.
2. The evidence given by the plaintiff’s agent, in relation to the giving of the note in suit, was clearly competent.
3. The testimony of the plaintiff, that he understood that it was Wm. Edwards & Sons who had gone into insolvency, was competent, in connection with the evidence that he had proved claims against the insolvent estate, as bearing upon the question whether he had notice or knowledge of the dissolution of the firm of Wm. Edwards & Sons.
4. The first prayer for instructions, to the effect that no…
2Cited by14 opinions
- Berwin v. LevensonMassachusetts Supreme Judicial Court · 1942
- Braman v. FossMassachusetts Supreme Judicial Court · 1910
- Maxwell v. Massachusetts Title InsuranceMassachusetts Supreme Judicial Court · 1910
- Rizkalla v. AbusamraMassachusetts Supreme Judicial Court · 1933
- Milliken v. WarwickMassachusetts Supreme Judicial Court · 1940
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