Meyer v. Reichardt
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $1600, signed by the defendant Beichardt and indorsed by the other defendant. At the trial in the Superior Court, before Wilkinson, J., the plaintiff read the note and indorsement to the jury without objection, and proved due demand of payment from the promisor on the last day of grace, and due notice to the indorser of its nonpayment, and rested his case.
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Contract upon a promissory note for $1600, signed by the defendant Beichardt and indorsed by the other defendant. At the trial in the Superior Court, before Wilkinson, J., the plaintiff read the note and indorsement to the jury without objection, and proved due demand of payment from the promisor on the last day of grace, and due notice to the indorser of its nonpayment, and rested his case. The defendant Beichardt, in support of the issue of payment on the part of the defendants, testified that May 15, 1867, the note was held and owned by one Papendeik, who died the latter part of July,…
1Opinion of the CourtAmes, J.
The evidence of Reichardt was to the effect that he had paid the note, in three separate instalments. He also testified that every time he made a payment, a memorandum of the transaction was made on a piece of paper, which he kept in his possession ; and that Papendeik, who was the holder of the note, made a similar memorandum in a pocket book; and that these several memoranda were seen and understood by both parties, each having his attention called to what the other had written down. He also testified that this mode of proceeding was intended as a substitute and equivalent for the more…
2Cited by2 opinions
- Lomazzo v. KingSupreme Court of Connecticut · 1951
- Fish v. AdamsMichigan Supreme Court · 1877