Spooner v. Gilmore
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $137, dated January 1, 1870, payable on demand to the order of Abram Spooner, and purporting to be signed by the defendant’s testator, and to be witnessed. Writ dated May 28, 1880. The action was first brought by Alden Rounseville as plaintiff.
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Contract upon a promissory note for $137, dated January 1, 1870, payable on demand to the order of Abram Spooner, and purporting to be signed by the defendant’s testator, and to be witnessed. Writ dated May 28, 1880. The action was first brought by Alden Rounseville as plaintiff. To the declaration filed, by him, the defendant answered that she was ignorant whether her testator “ ever signed and executed the promissory note set forth and declared on in the plaintiff’s writ and declaration, and shall require the plaintiff to prove the same.” On motion, Rounseville was allowed to erase his name…
1Opinion of the Court
By the Court.
The answer, under which the case was tried, did not contain such a special denial of the genuineness of the signature of the note, and demand that it should be proved at the trial, as the Pub. Sts. c. 167, § 21, require. The ruling was wrong in this respect, and we cannot say that it became immaterial in the course of the trial.
Exceptions sustained.
2Cited by7 opinions
- Salvato v. DiSILVA TRANSPORTATION CO. INC.Massachusetts Supreme Judicial Court · 1952
- Scholl v. GilmanMassachusetts Supreme Judicial Court · 1928
- Boutillier v. WesingerMassachusetts Supreme Judicial Court · 1948
- Griffin v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1932
- Dean v. ViceMassachusetts Supreme Judicial Court · 1919
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