Moore v. Edwards
Massachusetts Supreme Judicial Court
Appeal from a decision of commissioners in insolvency, allowing a claim of Sullivan Moore, the appellee, against the estate of the appellant’s testate. Hearing in this court, before Barker, J., who reserved the case for the determination of the full court, in substance as follows.
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Appeal from a decision of commissioners in insolvency, allowing a claim of Sullivan Moore, the appellee, against the estate of the appellant’s testate. Hearing in this court, before Barker, J., who reserved the case for the determination of the full court, in substance as follows. The case was heard on the appellee’s -statement of claim, filed November 4, 1889, in which the instrument in question was declared on as a promissory note, and the appellants’ answer, which alleged among other things that the instrument was not a promissory note, but a conditional contract, and set up the statute of…
1Opinion of the CourtHolmes, J.
The only question is whether the instrument before us is within the exception to the limitation of six years made by Pub. Sts. c. 197, § 6, in the case of “ a promissory note signed in the presence of an attesting witness.”
It is settled that notes not negotiable may be within the exception, and it has been intimated more than once that the *76words quoted express the same meaning as St. 1786, c. 52, § 5. See Prov. St. 1770-71, c. 9, § 8; 5 Prov. Laws, (St. ed.) 111. Sibley v. Phelps, 6 Cush. 172. Commonwealth Ins. Co. v. Whitney, 1 Met. 21, 22. The language of the act of 1786 was, “any note in…
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