Hull v. Blake
Massachusetts Supreme Judicial Court
Assümpsit by the indorsee against the maker of two several promissory notes, both bearing date at Augusta, in the State of Georgia, November 11th, 1811, and payable to Eleazar B. Billings or bis order, one for $ 500 in six months, and the other for $ 300 in twelve months, with interest after maturity, and, on the 19th of the same November, indorsed by said Billings to the plaintiff at Providence.
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Assümpsit by the indorsee against the maker of two several promissory notes, both bearing date at Augusta, in the State of Georgia, November 11th, 1811, and payable to Eleazar B. Billings or bis order, one for $ 500 in six months, and the other for $ 300 in twelve months, with interest after maturity, and, on the 19th of the same November, indorsed by said Billings to the plaintiff at Providence. The defendant pleaded two several pleas in bar ; the first of which alleges, that, after the notes declared on were made, namely, on the 21 st of November, 1811, one Alvarez Fisk of Georgia (of which…
1Opinion of the CourtParker, C. J.
The defence set up against the notes, which are the subject of this action, is contained in the first plea in bar ; the second plea being unquestionably bad, it merely showing that a process, in the nature of an action, had been prosecuted by the present plaintiff upon the same notes, in the State of Georgia, which was afterwards discontinued. The question presented, then, is, whether the facts contained in the first plea are a good bar to the action.
The plea alleges in substance, that the defendant, who was the promissor in the notes sued, has been summoned as the garnishee or trustee of…
2Cited by35 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
- Andrews v. HerriotNew York Supreme Court · 1825
- Tamimi v. TamimiAppellate Division of the Supreme Court of the State of New York · 1972
- Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
- Walters v. Washington Ins.Supreme Court of Iowa · 1855
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