Legal Opinion

Thayer v. Crossman

Massachusetts Supreme Judicial Court

Decided September 15, 1840Published

Assumpsit by the indorsee of a promissory note dated Nov ember 30th, 1832, given by the defendant to Reuben Waters, Ji. payable to him, or order, on demand. At the trial, in the court of common pleas, before Warren, J. the plaintiff proved that Waters indorsed the note to him, on the 27th of June, 1834. The defendant then offered to prove, by the testimony of Waters, that the defendant paid the note to him before he transferred it to the plaintiff.

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Assumpsit by the indorsee of a promissory note dated Nov ember 30th, 1832, given by the defendant to Reuben Waters, Ji. payable to him, or order, on demand. At the trial, in the court of common pleas, before Warren, J. the plaintiff proved that Waters indorsed the note to him, on the 27th of June, 1834. The defendant then offered to prove, by the testimony of Waters, that the defendant paid the note to him before he transferred it to the plaintiff. The judge rejected the testimony, and a verdict was returned for the plaintiff. Whereupon the defendant filed exceptions.

1Opinion of the CourtShaw, C. J.

This case comes before the court by exceptions from the court of common pleas. The action is on a promissory note, by an indorsee against the promisor, the note being dated November, 1832, payable on demand to the promisee or his order, and indorsed to the plaintiff 'The defendant offered the indorser as a witness, to prove payment of the note before the indorsement; but the presiding judge at the trial rejected this testimony. The ground of this rejection was, as we understand by the argument, the rule laid down in Churchill v. Suter, 4 Mass. 156, that an indorser shall not be permitted by…

2Cases cited16 opinions

  1. Bank of United States v. DunnSupreme Court of the United States · 1832
  2. Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
  3. Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
  4. Bank of the Metropolis v. JonesSupreme Court of the United States · 1834
  5. Fox v. WhitneyMassachusetts Supreme Judicial Court · 1819

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