Salem Trust Co. v. Deery

CROSBY, Justice. This is an action of contract to recover the amount of a promissory note brought by a Massachusetts trust company which has been in the possession of the commissioner of banks since December 15, 1931. The note, dated February 11, 1931, in the sum of $30,000, was signed by the defendant and was payable to the plaintiff or its order. It was admitted by the defendant that she signed the note, and that it was given in renewal of a note for the same amount signed by her on February 11, 1930. The amount due on the note at the date of trial, September 19, 1933, plus interest was $17,320.72. The case was tried before a Judge of the superior court sitting with a jury. The plaintiff on the defendants opening moved for a directed verdict, and again at the Conclusion of the evidence; the motions were denied subject to the plaintiffs exceptions. The jury returned a verdict for the defendant, but under leave reserved before it was recorded the Judge ordered entered a verdict for the plaintiff in the sum of $17,320, the full amount. The case is before this court on the defendants exceptions.