Franklin Savings Institution v. Reed

Massachusetts Supreme Judicial Court

Franklin Savings Institution v. Reed

125 Mass. 365, 1878 Mass. LEXIS 76

Massachusetts Supreme Judicial Court·Decided September 17, 1878·Published·Cited by 16 cases

Opinion

Gray, C. J.

The memorandum written upon the note before its delivery was part of the contract; and by its manifest intention and legal effect neither Benjamin W. Reed, the principal, nor John Reed, who appeared on the face of the note to be a surety, was bound to pay the note until April 1,1881. Heywood v. Perrin, 10 Pick. 228. That the action was prematurely brought was rightly pleaded in bar. Benthall v. Hildreth, 2 Gray, 288. Ho claim to recover interest was made or ruled on at the trial, or can be asserted for the first time in this court.

Exceptions overruled.

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Gray, C. J.

The memorandum written upon the note before its delivery was part of the contract; and by its manifest intention and legal effect neither Benjamin W. Reed, the principal, nor John Reed, who appeared on the face of the note to be a surety, was bound to pay the note until April 1,1881. Heywood v. Perrin, 10 Pick. 228. That the action was prematurely brought was rightly pleaded in bar. Benthall v. Hildreth, 2 Gray, 288. Ho claim to recover interest was made or ruled on at the trial, or can be asserted for the first time in this court.

Exceptions overruled.

Franklin Savings Institution v. Reed, 125 Mass. 365, 1878 Mass. LEXIS 76 (Mass. 1878).

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Opinion

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