Baker v. Briggs
Massachusetts Supreme Judicial Court
Assumpsit to recover the amount of a promissory note. One of the counts was against the defendant as maker of the note. At the trial, before Parker C. J., the plaintiff gave in evidence the following note, — “ Boston, August 1st, 1825. For value received I promise to pay Horace Baker, or order, the sum of one hundred and sixty dollars in six months from date with interest. Isaac Ryan.” On the back was the name “ Otis Briggs.” The signatures of Ryan and Briggs were admitted.
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Assumpsit to recover the amount of a promissory note. One of the counts was against the defendant as maker of the note. At the trial, before Parker C. J., the plaintiff gave in evidence the following note, — “ Boston, August 1st, 1825. For value received I promise to pay Horace Baker, or order, the sum of one hundred and sixty dollars in six months from date with interest. Isaac Ryan.” On the back was the name “ Otis Briggs.” The signatures of Ryan and Briggs were admitted. S. Presbrie, a witness called by the defendant, testified that some time, he believed in the spring of 1826, Baker said…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. It is moved to set aside this verdict, on the ground that it is against evidence, notwithstanding there was a great deal of evidence on both sides, so contradictory that on a former trial the jury could not agree, and on this trial it was the subject of elaborate argument, and scrupulous comparison of testimony. If under these circumstances a verdict can be set aside as against evidence, no action can be tried which may not be brought in review before the Court upon the facts, and the trial by jury will be virtually superseded. Perhaps no cause…
2Cases cited7 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- New-York State Bank v. FletcherNew York Supreme Court · 1830
- Commonwealth ex rel. Bellas v. VandersliceSupreme Court of Pennsylvania · 1822
- Smith v. HicksNew York Supreme Court · 1830
- Jackson ex dem. Fowler v. LoomisNew York Supreme Court · 1834
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