Gillingham v. Brown
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $450 dated October 22, 1872, pa)rable on demand. Writ dated April 3, 1899. The answer, among other things, set up the statute of limitations. At the trial in the Superior Court, before Richardson, J., the plaintiff produced the note, and there appeared thereon three indorsements, respectively, of the following tenor: “ Jan. 22, Rd twenty-five.” “ April 18, Rd twenty-five dolls.” “ April 27th, 1898, received 5 Five dollars.”
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Contract upon a promissory note for $450 dated October 22, 1872, pa)rable on demand. Writ dated April 3, 1899. The answer, among other things, set up the statute of limitations. At the trial in the Superior Court, before Richardson, J., the plaintiff produced the note, and there appeared thereon three indorsements, respectively, of the following tenor: “ Jan. 22, Rd twenty-five.” “ April 18, Rd twenty-five dolls.” “ April 27th, 1898, received 5 Five dollars.” The plaintiff introduced evidence tending to show that the first and second indorsements were made by the plaintiff’s intestate in…
1Opinion of the CourtHammond, J.
This is an action upon a demand note dated October 22, 1872. At the trial, the plaintiff, in order to meet the defence of the statute of limitations, proved that the defendant delivered to the agent of the plaintiff in April, 1898,'$5; and the chief question was whethe'r this money was delivered in part payment of the note, and, if so, whether under the circumstances it had the effect of making the defendant liable to pay the remainder of the note at once, or only by instalments.
*419The plaintiff’s evidence tended to show that in February, 1898, the defendant orally agreed to pay the note in…
2Cases cited11 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Sands v. GelstonNew York Supreme Court · 1818
- Smith's heirs v. DixonCourt of Appeals of Kentucky · 1861
- Custy v. DonlanMassachusetts Supreme Judicial Court · 1893
- Purdy v. AustinNew York Supreme Court · 1829
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3Cited by30 opinions
- Mulligan v. HiltonMassachusetts Supreme Judicial Court · 1940
- Nutter v. MroczkaMassachusetts Supreme Judicial Court · 1939
- Markiewicz v. TotonMassachusetts Supreme Judicial Court · 1935
- Credit Service Corp. v. BarkerMassachusetts Supreme Judicial Court · 1941
- Berwin v. LevensonMassachusetts Supreme Judicial Court · 1942
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