Hale v. Rice
Massachusetts Supreme Judicial Court
Contract on three promissory notes, two for $'3000 each, and the third for $1940, all dated January 1, 1868, payable to the order of the plaintiff, and purporting to be signed by the defendant.
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Contract on three promissory notes, two for $'3000 each, and the third for $1940, all dated January 1, 1868, payable to the order of the plaintiff, and purporting to be signed by the defendant. Each note was indorsed, “Interest paid to July 1, 1872.” Writ lated April 1, 1874. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the defendant; and the plaintiff tendered a bill of exceptions, in substance as follows: The defendant admitted that he made the notes in suit, together with another of the same tenor for three thousand dollars, and that he wrote…
1Opinion of the CourtGray, C. J.
It is not denied that the exceptions were fired and presented to the judge during the term at which the verdict was rendered, and that the case was continued nisi by order of the court. The case is thus distinguished from Barstow v. Marsh, 4 Gray, 165, Commonwealth v. Greenlaw, 119 Mass. 208, and Müller v. Ehlers, 91 U. S. 249.
The objections, that it does not appear that the defendant consented to the extension of the time for filing the exceptions, and that he had no notice that they had been filed, were, like any matter of consent of or notice to the party, and not otherwise *297affecting the…
2Cases cited4 opinions
- Mueller v. EhlersSupreme Court of the United States · 1876
- Conway v. CallahanMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. GreenlawMassachusetts Supreme Judicial Court · 1875
- Doherty v. LincolnMassachusetts Supreme Judicial Court · 1874
3Cited by8 opinions
- Doherty v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1916
- Browne v. HaleMassachusetts Supreme Judicial Court · 1879
- Slade v. MutrieMassachusetts Supreme Judicial Court · 1892
- First National Bank v. CartoniMassachusetts Supreme Judicial Court · 1936
- Attwood v. New England Trust Co.Massachusetts Supreme Judicial Court · 1940
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