(DOWNLOAD) "Smith v. Miles" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. Miles
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 03, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
PIERCE, Justice. This is an action of contract on a promissory note, given by the defendant, dated May 1, 1930, in the principal sum of $6,500, with interest at six per cent., payable in three years, and secured by a duly recorded mortgage on real estate. The defendant's answer is a general denial, denial of signature, denial of consideration, and an allegation of failure of consideration. The record includes the plaintiff's affidavit of no defence and the defendant's affidavit of defence. The case was tried to a jury on January 22 and 23, 1936. The jury returned a verdict for the plaintiff for the amount of the note, plus interest. At the trial the genuineness of the signature was admitted and there was no evidence that any payment on account of principal had been made. It was agreed that interest had been paid on said note to May 1, 1933, the payment of interest due on May 1, 1933, being paid in December, 1933. There was evidence that the plaintiff was unable to come to court and that he had suffered a shock in December, 1934, which left him with his left side paralyzed. Sarah A. Smith, wife of the plaintiff and sister of the defendant, was the only witness called for the plaintiff. There was evidence that the note in suit was delivered by the defendant in consideration of certain other notes, totaling $6,500, made by a company controlled by the defendant and given to the plaintiff as part of the consideration for his services to the company. The defendant contended that the original notes were gratuities, that, even if they were not, they had not been surrendered, and that the note in suit was a gratuity. Upon these issues the case went to the jury.
 "Smith v. Miles" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free){kind=link}