Vanuxem v. Burr
Massachusetts Supreme Judicial Court
Contract upon a promissory note, dated August 22, 1888, and made payable by the defendant, on November 1, 1888, to the order of himself, and indorsed by him in blank. Answer, a general denial.
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Contract upon a promissory note, dated August 22, 1888, and made payable by the defendant, on November 1, 1888, to the order of himself, and indorsed by him in blank. Answer, a general denial. Writ dated April 3, 1889. In the Superior Court, on appeal from the Municipal Court of the city of Boston, the defendant, with the consent of the plaintiffs, filed the following supplemental answer: “ The defendant says, that, since he filed his answer in the above entitled suit, these plaintiffs have recovered judgment against this defendant in an action begun and prosecuted in this court; that said…
1Opinion of the CourtHolmes, J.
This is an action upon a promissory note made by the defendant. The only defence is, that in another action upon a contract to procure the defendant’s mother’s indorsement to this note and to two others, the plaintiffs since the present suit was brought have recovered judgment against the defendant for damages assessed by agreement at a sum equal to the amount due on the three notes. If this judgment is not a bar, it is admitted that the plaintiffs are entitled to recover.
*388The two contracts were both in existence at the same time. They were distinct from each other in form, as appears from the…
2Cases cited11 opinions
- Elliott v. HaydenMassachusetts Supreme Judicial Court · 1870
- Byers v. Franklin Coal Co.Massachusetts Supreme Judicial Court · 1870
- Savage v. StevensMassachusetts Supreme Judicial Court · 1880
- Storer v. StorerMassachusetts Supreme Judicial Court · 1810
- Lord v. BigelowMassachusetts Supreme Judicial Court · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Lynch v. BurtCourt of Appeals for the Eighth Circuit · 1904
- Anglo-California Trust Co. v. Oakland RailwaysCalifornia Supreme Court · 1924
- Miller v. HydeMassachusetts Supreme Judicial Court · 1894
12 more not listed; retrieve them via the Exa API.