Phillips v. Ford

Massachusetts Supreme Judicial Court

Phillips v. Ford

26 Mass. 39

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1829

StatusPublished

This text of 26 Mass. 39 (Phillips v. Ford) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Phillips v. Ford, 26 Mass. 39 (Mass. 1829).

Pincite

Opinion

Per Curiam.

The instruction was correct, that the jury were at liberty to apply the declarations or admissions to the old rather than the new note.

The instruction in regard to the burden of proof, was likewise correct. The summons left with the defendant 'does not contain a notice of the particular cause of action, and there was no evidence of his having seen a copy of the writ. The note in suit was proved to have been forged, and the burden was on the plaintiff to show that the defendant had become liable by adopting it.

Judgment according to verdict.

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Per Curiam.

The instruction was correct, that the jury were at liberty to apply the declarations or admissions to the old rather than the new note.

The instruction in regard to the burden of proof, was likewise correct. The summons left with the defendant 'does not contain a notice of the particular cause of action, and there was no evidence of his having seen a copy of the writ. The note in suit was proved to have been forged, and the burden was on the plaintiff to show that the defendant had become liable by adopting it.

Judgment according to verdict.

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Bluebook (online)

26 Mass. 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-ford-mass-1829.