Randidge v. Lyman
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $239.37, made by the defendant, dated July 1, 1857, and payable to the plaintiff or order in six months from date. Writ dated March 6, 1876. Answer: 1. A general denial; 2. The statute of limitations; 3. A discharge under the insolvent laws.
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Contract upon a promissory note for $239.37, made by the defendant, dated July 1, 1857, and payable to the plaintiff or order in six months from date. Writ dated March 6, 1876. Answer: 1. A general denial; 2. The statute of limitations; 3. A discharge under the insolvent laws. At the trial in the Superior Court, before Dewey, J., the making of the note was admitted, and it appeared that the defendant had been absent from this Commonwealth since 1857, and had been and was a resident of Brookhaven, Long Island, in the State of New York. The defendant relied on a discharge obtained by him on…
1Opinion of the CourtGray, C. J.
Upon the most favorable construction for the plaintiff, the defendant made no more than a conditional promise to pay when he should be able; and upon such promise no action can be maintained without proof of his ability to pay. Tanner v Smart, 6 B. & C. 603; S. C. 9 D. & R. 549. Gould v. Shirley, 2 Moore & Payne, 581. Hart v. Prendergast, 14 M. & W. 741. Meyerhoff v. Froehlich, 3 C. P. D. 333. Tompkins v. Brown, 1 Denio, 247. United Society in Canterbury v. Winkley, 7 Gray, 460. St. 1856, c. 18. Gen. Sts. c. 105, § 3. tío competent evidence of this fact was offered. The tax-book was…
2Cases cited3 opinions
- Commonwealth v. HeffronMassachusetts Supreme Judicial Court · 1869
- Tompkins v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cook v. ShearmanMassachusetts Supreme Judicial Court · 1869
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- Elwell v. CumnerMassachusetts Supreme Judicial Court · 1883
- Bartlesville Interurban Ry. Co. v. QuaidSupreme Court of Oklahoma · 1915
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