Hill v. Whidden
Massachusetts Supreme Judicial Court
Contract upon two promissory notes for $1,000 each, dated July 24, 1889, payable in two years after date to the order of the plaintiff, and signed by the defendant. Answer: 1. A general denial. 2. Payment. 3. A release of the cause of action. Trial in the Superior Court, without a jury, before Thompson, J., who allowed a bill of exceptions, in substance as follows.
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Contract upon two promissory notes for $1,000 each, dated July 24, 1889, payable in two years after date to the order of the plaintiff, and signed by the defendant. Answer: 1. A general denial. 2. Payment. 3. A release of the cause of action. Trial in the Superior Court, without a jury, before Thompson, J., who allowed a bill of exceptions, in substance as follows. The defendant contended that there was no legal consideration for the ■ notes in suit; and that, in any event they were released by the following instrument: “ Know all men by these presents, That I, Frances A. Hill, of Boston in…
1Opinion of the CourtKnowlton, J.
There was abundant evidence to warrant the finding of the justice of the Superior Court that the notes declared on were given as a part of the consideration for the release to the defendant, and that they belonged to the estate of the plaintiff’s deceased husband.
The questions raised by the defendant’s requests for rulings may be reduced to three: first, whether it was competent to prove that the notes were given as a part of the consideration of the release signed by the plaintiff as executrix, notwithstanding the recital in the release of a different consideration which does not include…
2Cases cited3 opinions
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Twomey v. CrowleyMassachusetts Supreme Judicial Court · 1884
- Soule v. SouleMassachusetts Supreme Judicial Court · 1892
3Cited by18 opinions
- Bilotti v. Accurate Forming Corp.Supreme Court of New Jersey · 1963
- Mallard v. EwingSupreme Court of Florida · 1935
- De Angelis v. PalladinoMassachusetts Supreme Judicial Court · 1945
- Bressel v. JolicoeurMassachusetts Appeals Court · 1993
- Conners Bros. v. SullivanMassachusetts Supreme Judicial Court · 1915
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