Rice v. Howland
Massachusetts Supreme Judicial Court
Contract on a promissory note,- dated January 5, 1880, made by the defendant to Benjamin F. Robinson, the plaintiffs’ testator. Writ dated December 15, 1885. The defendant filed a declaration in set-off, for a balance due from the plaintiffs upon certain notes made by the testator to him. The answer to the declaration in set-off, among other things, averred payment, and set up the statute of limitations.
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Contract on a promissory note,- dated January 5, 1880, made by the defendant to Benjamin F. Robinson, the plaintiffs’ testator. Writ dated December 15, 1885. The defendant filed a declaration in set-off, for a balance due from the plaintiffs upon certain notes made by the testator to him. The answer to the declaration in set-off, among other things, averred payment, and set up the statute of limitations. The ease was submitted to the Superior Court, and, after judgment for the defendant for such balance, to this court, on appeal, upon an auditor’s report as an agreed statement of facts,…
1Opinion of the CourtW. Allen, J.
The note on which the action is brought was without consideration. The defendant held several notes against the plaintiffs’ testator, which were due and payable; the testator paid money to the defendant, and the defendant gave the note in suit. Whether the payments were made upon the notes was a question of fact, which concerned the consideration of the defendant’s note, and upon which the fact that he gave the note was not conclusive. If the payment was made by the plaintiffs’ testator to extinguish indebtedness from him to the defendant, and not to create indebtedness from the defendant to…
2Cases cited1 opinion
- Allan v. Vanmeter's DeviseesCourt of Appeals of Kentucky · 1858
3Cited by2 opinions
- First National Bank v. CartoniMassachusetts Supreme Judicial Court · 1936
- Griswold v. FrameCalifornia Court of Appeal · 1920