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Gold v. Eddy

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1 Mass. 1 (1804)
Seal of Massachusetts.svg
Court Massachusetts Supreme Judicial Court
Full case name THOMAS GOLD, Plaintiff in Review vs. JOSHUA EDDY, Administrator
ArguedSeptember Term 1804
DecidedSeptember Term 1804
Citation1 Mass. 1 (1804)
Case history
Subsequent actionnone
Holding
In an action by the endorser against the promisor of a promissory note negotiated subsequent to the day of payment, the defendant may go into such evidence as he would have been entitled to had the action been brought by the original promisee. The deposition of a person used in a former trial is competent evidence in a review, though the deponent is a party to the suit, having become administrator of one of the original parties.
Court membership
Chief judge Francis Dana
Associate judges Simeon Strong, Theodore Sedgwick, Samuel Sewall, George Thacher
Laws applied
Acts of 1788, ch. 47; Acts of 1786, ch. 66

Gold v. Eddy, 1 Mass. 1 (1804), was the first recorded case in the official reports of the Massachusetts Supreme Judicial Court.

Contents

Ruling

According to the reporter's summation:

In an action by the endorser against the promisor of a promissory note negotiated subsequent to the day of payment, the defendant may go into such evidence as he would have been entitled to had the action been brought by the original promisee. The deposition of a person used in a former trial is competent evidence in a review, though the deponent is a party to the suit, having become administrator of one of the original parties. [1]

References

  1. Gold v. Eddy, 1 Mass. 1 (1804) (accessed June 21, 2009)
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