Parks v. Smith
Massachusetts Supreme Judicial Court
Contract, brought by the plaintiff as bearer, against the defendant as maker, upon the following promissory note: “ Binghamton, N. Y., Sept. 1, 1884. One year and six months from date I promise to pay Seymour E. Smith, or bearer, one thousand dollars ($1,000) with interest. John Bernice Smith.” The note bore upon the back thereof the name Sarah Greason, and, after several indorsements of interest, the following: “ Dec. 16, ’87. Reed, on within of Sadie five dollars.”
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Contract, brought by the plaintiff as bearer, against the defendant as maker, upon the following promissory note: “ Binghamton, N. Y., Sept. 1, 1884. One year and six months from date I promise to pay Seymour E. Smith, or bearer, one thousand dollars ($1,000) with interest. John Bernice Smith.” The note bore upon the back thereof the name Sarah Greason, and, after several indorsements of interest, the following: “ Dec. 16, ’87. Reed, on within of Sadie five dollars.” Trial in the Superior Court, without a jury, before Maynard, J., who found for the plaintiff, and reported the case for the…
1Opinion of the CourtBarker, J.
Strictly speaking, the only questions open upon the report are whether the plaintiff was entitled to judgment upon the overruling of the answer in abatement, and whether the rulings asked for by the plaintiff should have been given; but, as both parties have argued questions of the admissibility of evidence, we have dealt with them.
1. Upon the question whether judgment should have been entered for the plaintiff upon the overruling of the answer in abatement, the case is governed by Fisher v. Fraprie, 125 Mass. 472. In that case, as in this, the answer filed contained both an answer in…
2Cases cited7 opinions
- Garland v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1812
- Harrison v. BaileyMassachusetts Supreme Judicial Court · 1868
- Third National Bank v. AshworthMassachusetts Supreme Judicial Court · 1870
- Hobbs v. StraineMassachusetts Supreme Judicial Court · 1889
- Fisher v. FraprieMassachusetts Supreme Judicial Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Beauregard v. DaileyMassachusetts Supreme Judicial Court · 1936
- Mechanics' & Farmers' Savings Bank v. KatterjohnCourt of Appeals of Kentucky · 1910
- Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897
- Jump v. LeonMassachusetts Supreme Judicial Court · 1906
- Simmons v. PooleMassachusetts Supreme Judicial Court · 1917
7 more not listed; retrieve them via the Exa API.