Estabrook v. Swett

Court: Massachusetts Supreme Judicial Court
Date filed: 1874-11-17
Citations: 116 Mass. 303, 1874 Mass. LEXIS 90
Copy Citations
1 Citing Case
Lead Opinion
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.