Boston Safe Deposit & Trust Co. v. Manning
Massachusetts Supreme Judicial Court
Contract upon a promissory note. Writ dated September 19, 1908. In the Superior Court the case was tried before Lawton, J. The facts are stated in the opinion. At the close of the plaintiff’s case, the defendant rested and asked for the following rulings: “1. That the plaintiff cannot recover on all the evidence.
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Contract upon a promissory note. Writ dated September 19, 1908. In the Superior Court the case was tried before Lawton, J. The facts are stated in the opinion. At the close of the plaintiff’s case, the defendant rested and asked for the following rulings: “1. That the plaintiff cannot recover on all the evidence. “2. That the note sued on refers to a mortgage that secures the note and the burden of proof is upon the plaintiff to produce the mortgage to show whether it has been partially or wholly discharged, as determining whether anything is due on the note. “3. That the burden of proof is…
1Opinion of the CourtDeCourcy, J.
This is an action against three of the five makers of a joint and several note for $14,400, which was long overdue. At the trial the plaintiff offered in evidence the note declared on and no question was raised as to its execution, or as to the consideration therefor. The defendants had pleaded a general denial and payment, but as they introduced no evidence the plaintiff would have been entitled to a verdict for the full amount of the note and interest were it not for its admissions in the declaration crediting the defendants with a partial payment. Whitney v. Clary, 145 Mass. 156.
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2Cases cited2 opinions
- Draper v. MannMassachusetts Supreme Judicial Court · 1875
- Whitney v. ClaryMassachusetts Supreme Judicial Court · 1887
3Cited by3 opinions
- Killoren v. HernanMassachusetts Supreme Judicial Court · 1939
- Exchange Trust Co. v. HitchcockMassachusetts Supreme Judicial Court · 1924
- Pabujian v. PabujianMassachusetts Supreme Judicial Court · 1929