[DOWNLOAD] "Mendes v. Roche" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free

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eBook details

• Title: Mendes v. Roche
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 01, 1944
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

SPALDING, Justice. This is an action, begun by a writ dated February 7, 1941, on an unwitnessed promissory note dated December 28, 1926, payable one day after date. The defendant pleaded the statute of limitations and that was the only defence relied on. It was agreed that if the plaintiff was entitled to recover the amount was to be $1,070. After putting the note in evidence, the plaintiff called to the stand one Harlow, an attorney, who testified that the note was placed in his hands for collection and that he had a conference with the defendant on October 24, 1936, at which the defendant admitted that he had made a payment to the plaintiff of $5 'on the account' a 'short time before' and had made 'some agreement * * * to pay the balance.' Harlow also testified that on December 14, 1938, the defendant made a payment of $15 on the note in these circumstances. The witness, in settling a personal injury claim on behalf of another client, paid a sum of money to the defendant out of which the defendant authorized the witness to deduct $15 and apply it on the note held by the plaintiff. It appeared on cross-examination that at the time of making the second payment the defendant stated that he would pay the balance by instalments as soon as he obtained a job that he was expecting.

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