Public-domain · open source
OpenJurist

121 Mass. 6

Murphy v. Collins

Massachusetts Supreme Judicial Court

Decided September 12, 1876

Massachusetts Supreme Judicial Court · decided 1876-09-12

Contract upon the following promissory note, signed by the defendant: “Canaan, July 5,1873.

Relies on Whitford v. . the Panama Railroad Company · Ellis v. Maxson · Dunn v. Adams, Parmeter & Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1876-09-12

How this case has been cited

Cited by 13 later decisions — most recently June 1976

1 district · 12 state decisions

7018761880189019001910192019301940195019601970decided

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 bill of exceptions does not show any error of law in the ruling of the court below. The note having been made and delivered in the State of New York, and not appearing to be payable elsewhere, its validity depended on the law of that state. Stevenson v. Payne, 109 Mass. 378. What that *7law was, was a question of fact, upon which no evidence appears to have been given at the trial, or can be introduced for the first time at the argument of the exceptions in this court. Knapp v. Abell, 10 Allen, 485. The contract was not void by the common law; and there is no presumption that the law of another state corresponds with a statute of this Commonwealth. Abell v. Douglass, 4 Denio, 305. Whitford v. Panama Railroad, 23 N. Y. 465. Ellis v. Maxson, 19 Mich. 186. Morrissey v. Wiggins Ferry Co. 47 Misso. 521. Dunn v. Adams, 1 Ala. 527.

¶2Exceptions overruled.

/121/mass/6 · .json · Public domain