Church v. Fowle
Massachusetts Supreme Judicial Court
Contract, upon the following instrument, purporting to be-signed by the defendant, by his mark, and J;o be witnessed by A. W. Hoi way: “$370.00. Boston, June 27, 1884. Borrowed and received of James B. Church three hundred and seventy dollars, which I promise to pay on demand with interest at six per cent per annum.”
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Contract, upon the following instrument, purporting to be-signed by the defendant, by his mark, and J;o be witnessed by A. W. Hoi way: “$370.00. Boston, June 27, 1884. Borrowed and received of James B. Church three hundred and seventy dollars, which I promise to pay on demand with interest at six per cent per annum.” The answer contained a general denial, and a denial of the defendant’s signature; and further alleged that, “ if the plaintiff shall show that he did sign said contract, then the defendant says that he is an illiterate person and did not know that he signed said contract, and…
1Opinion of the CourtField, J.
The evidence was that Holway attested the note as a witness before it was delivered to the plaintiff, and that he did this, without the knowledge of either the plaintiff or defendant, “as a matter of course, because the defendant signed by mark; ” and the argument is that this attestation materially enlarged the defendant’s liability, because an action can be brought upon an attested note at any time within twenty years after the cause of action accrues, while, if the note is not attested, an action must be brought within six years. Pub. Sts. c. 197, §§ 1, 6, 7. If it be assumed that the…
2Cases cited3 opinions
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
- Nickerson v. SwettMassachusetts Supreme Judicial Court · 1883
- Drum v. DrumMassachusetts Supreme Judicial Court · 1882
3Cited by4 opinions
- International Harvester Co. v. DavisCourt of Appeals of Georgia · 1913
- Gaylord v. PellandMassachusetts Supreme Judicial Court · 1897
- James v. TiltonMassachusetts Supreme Judicial Court · 1903
- Gay v. FarleyHawaii Supreme Court · 1904