Massachusetts Supreme Judicial Court, 1874

Estabrook v. Swett

Estabrook v. Swett
Massachusetts Supreme Judicial Court · Decided November 17, 1874 · Gray
116 Mass. 303; 1874 Mass. LEXIS 90

Estabrook v. Swett

Opinion of the Court

Gray, C. J.

The plaintiffs in this case seek to recover on the original account, on the ground that they were induced to take the note of a third person in payment, through the fraud of the defendant. The plaintiffs have not proved that the note was absolutely worthless. They cannot therefore maintain this action without surrendering the note to the defendant. Coolidge v. Brigham, 1 Met. 547.

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