Cherry v. Sprague
Massachusetts Supreme Judicial Court
Contract, on a promissory note set out in the first paragraph of the opinion, indorsed by the defendant before delivery. Writ in the Municipal Court of the City of Boston dated November 8, 1898. The defendant demurred and answered. On appeal to the Superior Court the demurrer was overruled, and the defendant appealed.
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Contract, on a promissory note set out in the first paragraph of the opinion, indorsed by the defendant before delivery. Writ in the Municipal Court of the City of Boston dated November 8, 1898. The defendant demurred and answered. On appeal to the Superior Court the demurrer was overruled, and the defendant appealed. The case then was tried before Bell, J. The plaintiff put in evidence the alleged note and a notary’s certificate of protest, from which it appeared that the notary made demand and protested the note on August 19, 1895, and on the same day mailed a notice of protest to the…
1Opinion of the CourtBarker, J.
The instrument declared on as a promissory-note is of the following tenor :
“ $218.00. Sioux Falls S. D. April 15, 1895.
“ Four months after date for value received I promise to pay to the order of U. S. G. Cherry, Two Hundred and Eighteen Dollars, with interest at six per cent per annum, at the Union National Bank, Sioux Falls, South Dakota.
“ Unpaid interest shall bear interest at twelve per cent, and if suit is commenced the customary attorney’s fees shall be added to the amount of the judgment and taxed up as part of the costs in the cause.
“ Due Aug. 15, ’95.
No. 3682 Odin Fritz.”
Indorsements:…
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