Chemical Electric Light & Power Co. v. Howard
Massachusetts Supreme Judicial Court
Contract upon a promissory note, dated April 23, 1886, made payable to the plaintiff and signed by the defendant, for “ the sum. of one thousand dollars, value received, as per agreement executed this day.” The answer contained a general denial, and set up a failure of consideration, and fraud.
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Contract upon a promissory note, dated April 23, 1886, made payable to the plaintiff and signed by the defendant, for “ the sum. of one thousand dollars, value received, as per agreement executed this day.” The answer contained a general denial, and set up a failure of consideration, and fraud. After the former decision, reported 148 Mass. 852, the case was tried in the Superior Court, before Staples, J., who allowed a bill of exceptions, which, so far as material to the points decided, was as follows. The note was given in consideration of a written agreement, referred to in the note and…
1Opinion of the CourtC. Allen, J.
The note in suit was given by the defendant in consideration of a written agreement by the plaintiff to assign to him an English patent, which was therein agreed to be “ in full force and effect”; otherwise, the defendant was to be relieved from the payment of the note. The defendant contended that the patent was not in full force and effect. It has been heretofore determined by us, when this case came up before, that the meaning of the above words in the contract is, that the patent should be in “ effect ” in a sense that an American patent must be to obtain recognition in our courts, and…
2Cases cited10 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Nichols v. NicholsMassachusetts Supreme Judicial Court · 1884
- Squires v. Inhabitants of AmherstMassachusetts Supreme Judicial Court · 1887
- Flynn v. BourneufMassachusetts Supreme Judicial Court · 1887
- Burrill v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1812
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3Cited by7 opinions
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
- Harrington v. Worcester, Leicester, & Spencer Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Edward Thompson Co. v. GundersonSouth Dakota Supreme Court · 1897
- Collins v. SplaneMassachusetts Supreme Judicial Court · 1918
- Commonwealth v. HedenMassachusetts Supreme Judicial Court · 1895
2 more not listed; retrieve them via the Exa API.