Legal Opinion

Abbott v. Doane

Massachusetts Supreme Judicial Court

Decided April 6, 1895PublishedCited by 28 opinions

Contract, upon a promissory note for $500, dated December 27, 1892, payable in three months after date to the order of the plaintiff, and signed by the defendant. The answer set up want of consideration. At the trial in the Superior Court, before Bond, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the-opinion.

1Opinion of the CourtAllen, J.

The plaintiff had given his accommodation note to a corporation, which had had it discounted at a bank, and left it unpaid at its maturity. The defendant, being a stockholder, director, and creditor of the corporation, wishing to have the note paid at once for his own advantage, entered into an agreement with the plaintiff whereby he was to give to the plaintiff his own note for the amount, and the plaintiff was to furnish money to enable the defendant to take up the note at the bank. This agreement was carried out, and the defendant now contends that his note to the plaintiff was without…

2Cases cited21 opinions

  1. Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
  2. Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
  3. Robinson v. . JewettNew York Court of Appeals · 1889
  4. Stewart Howell v. . KeteltasNew York Court of Appeals · 1867
  5. Lattimore v. HarsenNew York Supreme Court · 1817

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3Cited by28 opinions

  1. Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
  2. De Cicco v. . SchweizerNew York Court of Appeals · 1917
  3. Swartz v. LiebermanMassachusetts Supreme Judicial Court · 1948
  4. Joseph Lande & Son, Inc. v. Wellsco Realty, Inc.Supreme Court of New Jersey · 1943
  5. Fairfield v. LowryMassachusetts Supreme Judicial Court · 1911

23 more not listed; retrieve them via the Exa API.

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