Parker v. Kenyon

Decided September 15, 1873

Massachusetts Supreme Judicial Court · decided 1873-09-15

Tobt for the conversion of a promissory note made by the defendant and payable to the plaintiff, which it was alleged the defendant took for the purpose of casting the interest due, and retained under the pretence that she had paid it. The defence was that the note had been actually paid.

Good law ✅— No negative treatment on recordhow we know

Decided 1873-09-15

How this case has been cited

Cited by 6 later decisions — most recently May 1946

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Gray, C. J.

¶1The mistake in the date of the summons was a defect in the form of the process necessary to bring the defendant before the court; and upon a motion to dismiss for that cause, the decision of the judge presiding in the Superior Court is final. Gen. Sts. c. 115, § 7.

¶2The evidence excluded was immaterial. The trial on the indictment was res inter alios, to which the plaintiff was not a party. And the issue of larceny on that trial was different from the issue of conversion in this action; the one involved a question of intent; the other might be under a claim of right.

¶3Exceptions overruled.