Jackman v. Doland

Decided January 9, 1875

Massachusetts Supreme Judicial Court · decided 1875-01-09

Contract on a promissory note, dated July 15, 1872, for $280, payable four months after date. Writ dated March 24, 1873.

Relies on Hodgkins v. Moulton

Good law ✅— No negative treatment on recordhow we know

Decided 1875-01-09

How this case has been cited

Cited by 8 later decisions — most recently June 1940

8 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 first part of the answer sets up no legal defence, because it states no facts, but only what in a certain contingency may be the evidence at the trial. Suit v. Woodhall, ante, 547.

¶2If the rest of the answer can be treated as constituting a separate allegation, it is insufficient, because it does not show any neglect on the part of the plaintiff, or lapse of reasonable time, or refusal upon demand; and because, if it did, the matters alleged would not show a want of consideration, but at most only a subject of recoupment, which is not pleaded. Hodgkins v. Moulton, 100 Mass. 309. Exceptions overruled.