Jacobs v. Carpenter
Massachusetts Supreme Judicial Court
Contract, against Cyrus M. Carpenter and Benjamin P. Love joy, surviving partners of the firm of Cyrus Carpenter and Company, upon three promissory notes, the first for $1,036.50, dated July 3, 1875, the second for $1,040, dated September 20, 1875, and the third for $1,040, dated September 23, 1875, each payable six months after its date to the plaintiff, and signed “ Cyrus Carpenter & Co.” The answer, among other defences, set up a discharge in bankruptcy.
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Contract, against Cyrus M. Carpenter and Benjamin P. Love joy, surviving partners of the firm of Cyrus Carpenter and Company, upon three promissory notes, the first for $1,036.50, dated July 3, 1875, the second for $1,040, dated September 20, 1875, and the third for $1,040, dated September 23, 1875, each payable six months after its date to the plaintiff, and signed “ Cyrus Carpenter & Co.” The answer, among other defences, set up a discharge in bankruptcy. Trial in this court, before Barker, J., who allowed a bill of exceptions, in substance as follows. The notes in suit were given for money…
1Opinion of the CourtAllen, J.
By Gen. Sts. c. 105, § 3, re-enacted in Pub. Sts. c. 78, § 3, it was necessary for the plaintiff to show a new promise in writing. The return by Carpenter of the notes did not amount to such new promise, and it was not intended to be such. The plaintiff had the rightful possession of them. The payment of the percentage under the composition did not entitle the makers to have the notes surrendered to them. The plaintiff, having possession, lent them to Carpenter, who returned them, not as new notes or notes having any new force by reason of such return, but as documents belonging to the…
2Cases cited5 opinions
- Elwell v. CumnerMassachusetts Supreme Judicial Court · 1883
- Bigelow v. NorrisMassachusetts Supreme Judicial Court · 1885
- Kenney v. BrownMassachusetts Supreme Judicial Court · 1885
- Bigelow v. NorrisMassachusetts Supreme Judicial Court · 1886
- Dennan v. GouldMassachusetts Supreme Judicial Court · 1886
3Cited by4 opinions
- Needham v. MatthewsonSupreme Court of Kansas · 1909
- Nathan v. LelandMassachusetts Supreme Judicial Court · 1907
- Heim v. ChapmanMassachusetts Supreme Judicial Court · 1898
- Alper v. Republic Inv. Co.Court of Appeals for the D.C. Circuit · 1936