Cushing v. Gore
Massachusetts Supreme Judicial Court
This action was brought upon a promissory note for the sum of 3000 dollars, and a check upon one of the banks in Boston for 200 dollars, said to have been given by the defendants to the plaintiff. The declaration contained also the common money counts.
Read the full summary
This action was brought upon a promissory note for the sum of 3000 dollars, and a check upon one of the banks in Boston for 200 dollars, said to have been given by the defendants to the plaintiff. The declaration contained also the common money counts. On the trial, at the last November term, before Jackson, J., the plaintiff produced the note and check, and it was admitted that they were both signed, by the said Grafton, with the names of Gore Of Grafton, which was the firm under which the defendants acted as partners in a retail shop kept by them in Boston. It appeared in evidence that the…
1Opinion of the CourtParker, C. J.
It is objected by the counsel for the defendants, that there was no legal consideration for this note ; there being merely a liability, on the part of the plaintiff, to pay the notes which he had endorsed. We think, however, that such a consideration is good, and sufficient to support an express promise. Whether the plaintiff should be called upon, or eventually be obliged to pay, was contingent when he endorsed the defendants’ notes; but there is no doubt, if he had refused to endorse them without receiving a promissory note of the defendants, to enable him to secure himself when danger…
2Cases cited1 opinion
- Stevens v. BellMassachusetts Supreme Judicial Court · 1810
3Cited by15 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Gladwin v. GladwinCalifornia Supreme Court · 1859
- Harmon v. McRaeSupreme Court of Alabama · 1890
10 more not listed; retrieve them via the Exa API.