Humphry v. Strong

Massachusetts Supreme Judicial Court
Humphry v. Strong, 14 Mass. 262 (Mass. 1817)

Humphry v. Strong

Opinion of the Court

Per Curiam.

The demand annexed was m the hand-writing of the party claiming it, and the name was written by himself, although not subscribed to the demand. We think this a sufficient compliance with the statute, which does not require subscribing; and if it did, it would be too close a construction, to reject this demand, actually made out by the party himself, in his own hand-writing

*228The case of Mansfield vs. Doughty is not like this; for in that case it does not appear that * the party’s name was used at all, or that the demand was in his handwriting. For aught that appears, it might, have been a mere copy of an account.

We think, also, that .the Court of Common Pleas did right in receiving evidence that the demand annexed to the rule was in the hand-writing of the party making it. Had it been subscribed, it might have been necessary to prove the hand-writing; and if it womd nave been proper in that case, it was equally proper in this.

Judgment affirmed.

Reference

Full Case Name
Gad Humphry, in Error, versus Thomas B. Strong
Cited By
3 cases
Status
Published