McQuesten v. Spalding
Massachusetts Supreme Judicial Court
Contract upon the instrument in writing which is quoted in full in the opinion. Writ dated October 6, 1916. The defendant’s answer contained, among other things, an allegation “that the cause of action mentioned in the plaintiff’s writ did not accrue within six years before the suing out of the plaintiff’s writ.”
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Contract upon the instrument in writing which is quoted in full in the opinion. Writ dated October 6, 1916. The defendant’s answer contained, among other things, an allegation “that the cause of action mentioned in the plaintiff’s writ did not accrue within six years before the suing out of the plaintiff’s writ.” An amendment to the answer alleged that the promise contained in the indorsement was an agreement to give a preference to the plaintiff in the event of any future proceedings in bankruptcy and was void as against public policy and in violation of the bankruptcy act of 1898 and…
1Opinion of the CourtRtigg, C. J.
This is an action of contract begun on October 6, 1916, to recover upon a written instrument of the tenor following:
“Nashua, N. H., February 19th, 1903.
For value received I promise to pay to the order of Anna E. McQuesten twenty-five hundred dollars on demand with interest semi-annually.
Chas. E. Spalding.
$2,500 Ida L. Spalding.”
Indorsement.
“This is a preferred note to be paid regardless of any future proceedings in Bankruptcy on demand, or at the settlement of my mother’s (Mary A. Spalding) estate.
Chas. E. Spalding.”
The chief contention of the principal defendant is that the plaintiff’s…
2Cases cited5 opinions
- Blick v. CockinsCourt of Appeals of Maryland · 1917
- Mahoney v. FitzpatrickMassachusetts Supreme Judicial Court · 1882
- Sullivan v. EllisCourt of Appeals for the Eighth Circuit · 1915
- Harris v. TownsendMississippi Supreme Court · 1912
- Brown's v. HitchcockSupreme Court of Vermont · 1896
3Cited by7 opinions
- Hendrickson v. SearsMassachusetts Supreme Judicial Court · 1974
- Conklin v. DraperAppellate Division of the Supreme Court of the State of New York · 1930
- Capucci v. BaroneMassachusetts Supreme Judicial Court · 1929
- Peterson v. AbbeMassachusetts Supreme Judicial Court · 1920
- Cantor v. NewtonMassachusetts Appeals Court · 1976
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