Packard v. Richardson
Massachusetts Supreme Judicial Court
Assumpsit by the endorsee of a promissory note, made by the Stony Brook Manufacturing Company, of which the defendants were members, signed by Henry Fiske, their agent, payable to one Asa Kingsbury, or order.
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Assumpsit by the endorsee of a promissory note, made by the Stony Brook Manufacturing Company, of which the defendants were members, signed by Henry Fiske, their agent, payable to one Asa Kingsbury, or order. The defendants are counted against in various ways, upon theii supposed liability, on account of a written promise on the back of the note, in the words following, viz., “ We. acknowledge ourselves to be holden as surety for the payment of the within note; ” signed by the defendants. Usury was attempted to be set up in defence, and Henry Fiske, who signed the note as agent, was called to…
1Opinion of the CourtParker, C. J.
The case presents two questions of importance, neither of which has received a judicial determination in our courts. The arguments upon them have been exceedingly ingenious as well as able, leaving nothing untouched in point of authority or general reasoning, which has relation to the subject.
The first question relates to the rejection of Mr. Fiske, as a witness, he having signed the note as agent to the Stony Brook Manufacturing Company, and being called upon to prove that the consideration of the note was usurious.
The case of Churchill vs. Suter settled for us the question, which seemed to…
2Cases cited6 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Fox v. WhitneyMassachusetts Supreme Judicial Court · 1819
- Ulen v. KittredgeMassachusetts Supreme Judicial Court · 1810
- Manning v. WheatlandMassachusetts Supreme Judicial Court · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Faribault v. MisenerSupreme Court of Minnesota · 1874
- D. M. Osborne & Co. v. BakerSupreme Court of Minnesota · 1885
- Ableman v. BoothWisconsin Supreme Court · 1859