Hall v. Foster

Decided November 15, 1873

Massachusetts Supreme Judicial Court · decided 1873-11-15

Contract. The declaration was in the usual form, upon a promissory note. The note, a copy of which was annexed, was as follows: “Boston, May 3,1870. Four months after date I promise to pay to the order of myself, five hundred dollars, payable at Suffolk Bank.

Good law ✅— No negative treatment on recordhow we know

Decided 1873-11-15

How this case has been cited

Cited by 4 later decisions — most recently May 1974

4 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.

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Gray, C. J.

¶1The declaration does not undertake to set out the legal effect of the note declared on, but does set out an exact copy thereof in the words and figures which appear upon the face of the note, and claims the amount of the note and interest in the form authorized by the practice act. Gen. Sts. c. 129, §§ 2, 87. An alteration of the date of the note as set forth would have created, not cured, a variance. The jury have included in their verdict no more interest than would be due assuming that the note was actually made in May, 1871. The defendant has therefore no ground of exception.

¶2Exceptions overruled.