Legal Opinion

Indiana Flooring Co. v. Rudnick

Massachusetts Supreme Judicial Court

Decided May 21, 1920PublishedCited by 15 opinions

Contract on two promissory notes by the payee against the maker. Writ dated January 28, 1919. In the Superior Court the action was tried before Fessenden, J. The pleadings, material evidence at the trial and exceptions by the defendant are described in the opinion. The jury found for the plaintiff in the sum of $1,338.56; and the defendant alleged exceptions.

1Opinion of the CourtJenney, J.

The Indiana Flooring Company brought this action in the Superior Court against Samuel Rudnick on two promissory notes, both made by the defendant and payable to the plaintiff. The defendant’s answer is a general denial, payment, and the further allegation that, if he "ever executed said notes,” he made them for the accommodation of the plaintiff and without consideration. The answer does not set up either total or partial failure of consideration. At the trial the signatures to the notes were admitted. The jury found for the plaintiff for the entire amount involved.

Evidence was admitted in…

2Cases cited5 opinions

  1. Sayles v. QuinnMassachusetts Supreme Judicial Court · 1907
  2. Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868
  3. Shoe & Leather National Bank v. WoodMassachusetts Supreme Judicial Court · 1886
  4. Davis v. BeanMassachusetts Supreme Judicial Court · 1874
  5. Wentworth v. DowsMassachusetts Supreme Judicial Court · 1875

3Cited by15 opinions

  1. Samuel v. Page-Storms Drop Forge Co.Massachusetts Supreme Judicial Court · 1922
  2. Tremont Trust Co. v. NoyesMassachusetts Supreme Judicial Court · 1923
  3. Leonard v. WoodwardMassachusetts Supreme Judicial Court · 1940
  4. Irwin v. Worcester Paper Box Co.Massachusetts Supreme Judicial Court · 1923
  5. First National Bank v. MatheyMassachusetts Supreme Judicial Court · 1941

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