Foster v. Worthing
Massachusetts Supreme Judicial Court
Contract, against Ranford Worthing and Henry E. Irvine, upon two promissory notes, dated November 14,1881, and payable in two months, made by the El Gaehi Mining Company, and indorsed by them and other directors of the company. The plaintiff discontinued as to Irvine. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows.
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Contract, against Ranford Worthing and Henry E. Irvine, upon two promissory notes, dated November 14,1881, and payable in two months, made by the El Gaehi Mining Company, and indorsed by them and other directors of the company. The plaintiff discontinued as to Irvine. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows. The defendant contended, and introduced in evidence the deposition of Irvine as tending to show, that as between the plaintiff and the defendant the notes, which had been indorsed by the plaintiff'to a bank…
1Opinion of the CourtC. Allen, J.
The principal question was, whether, as between the plaintiff and the defendant, it was the plaintiff’s duty to provide for the payment of the notes in suit. The defendant contended that it was, and introduced in evidence the deposition of Irvine, tending to prove that it was so understood at the time the notes were made. As tending to contradict Irvine, the plaintiff was then allowed to introduce a letter written by Irvine to the plaintiff, shortly before the notes became due. The defendant now contends that this letter did not contradict Irvine, but was consistent with his testimony. It is…
2Cases cited7 opinions
- Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
- Hayden v. StoneMassachusetts Supreme Judicial Court · 1873
- Brigham v. ClarkMassachusetts Supreme Judicial Court · 1868
- Perry v. BreedMassachusetts Supreme Judicial Court · 1875
- Clement v. KimballMassachusetts Supreme Judicial Court · 1868
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3Cited by21 opinions
- Commonwealth v. WestMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. PerezMassachusetts Supreme Judicial Court · 2011
- Commonwealth v. AzarMassachusetts Appeals Court · 1992
- State v. HephnerSupreme Court of Iowa · 1968
- State v. LaneSupreme Court of North Carolina · 1980
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