Prouty v. Wilson
Massachusetts Supreme Judicial Court
Two ACTIONS OF contract, by the administrator of Isaac Prouty, upon the following promissory note, signed by Samuel Crawford and Jonas Wilson. “Spencer, January 10, 1863. For value received I Samuel Crawford as principal, and I Jonas Wilson as surety, jointly and severally promise to pay Isaac Prouty or his order four hundred dollars on demand with interest at 8 per cent."
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Two ACTIONS OF contract, by the administrator of Isaac Prouty, upon the following promissory note, signed by Samuel Crawford and Jonas Wilson. “Spencer, January 10, 1863. For value received I Samuel Crawford as principal, and I Jonas Wilson as surety, jointly and severally promise to pay Isaac Prouty or his order four hundred dollars on demand with interest at 8 per cent." Writs dated November 4, 1875. The cases were tried together in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions in substance as follows: The defendant in the second case is the administratrix of…
1Opinion of the Court
By the Court.
The legal title in the note was in the administrator of the payee. The evidence warranted the jury in finding that both the defendants assented to and ratified the note in its altered form and thereby agreed to pay the same to the lawful holder, for the sufficient consideration of an agreement to forbear and an actual forbearance by those who apparently had the actual control of the note and the equitable interest therein. Exceptions overruled.
2Cited by7 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Ballard v. BurtonSupreme Court of Vermont · 1892
- Howe v. TaggartMassachusetts Supreme Judicial Court · 1882
- Bedford's Exr. v. ChandlerSupreme Court of Vermont · 1908
- Holyfield v. HarringtonSupreme Court of Kansas · 1911
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