Massachusetts Supreme Judicial Court, 1878

Franklin Savings Institution v. Reed

Franklin Savings Institution v. Reed
Massachusetts Supreme Judicial Court · Decided September 17, 1878 · Gray
125 Mass. 365; 1878 Mass. LEXIS 76

Franklin Savings Institution v. Reed

Opinion of the Court

Gray, C. J.

The memorandum written upon the note before its delivery was part of the contract; and by its manifest intention and legal effect neither Benjamin W. Reed, the principal, nor John Reed, who appeared on the face of the note to be a surety, was bound to pay the note until April 1,1881. Heywood v. Perrin, 10 Pick. 228. That the action was prematurely brought was rightly pleaded in bar. Benthall v. Hildreth, 2 Gray, 288. Ho claim to recover interest was made or ruled on at the trial, or can be asserted for the first time in this court.

Exceptions overruled.

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