Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 210 (1911-1912)

Cover Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 210 (1911-1912)
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 210 (1911-1912)
Massachusetts. Supreme Judicial Court
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Sheldon, J. The only questions presented are whether the promissoiy note given by the respondent to the petitioner was presumed to be a part payment of the petitioner's demand, whether such a presumption had been rebutted, and whether the amount due to the petitioner should be reduced by the amount of the note. This note and one given in renewal thereof were not paid; and they were tendered to the respondent at the trial, and on his refusal to accept them were left in the custody of the court.
...The instructions given to the jury were sufficiently favorable to the respondent, and the rulings requested by him, so far as they were inconsistent with those instructions, were properly refused.
The burden was upon the respondent to prove the pajrment which he alleged, and this burden was not shifted by proof that he had given to the petitioner a note for a part of what was due.
It is true in this Commonwealth that a negotiable promissory note given for an unsecured simple contract debt is deemed to have been given and taken in payment of that debt.


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