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Gold V. Eddy
''Gold v. Eddy'', 1 Mass. 1 (1804), was the first recorded case in the official reports of the Massachusetts Supreme Judicial Court. 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 Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ... in a review, though the deponent is a party to the suit, having become administrator of one of the original parties.''Gold v. Eddy'', 1 Mass. 1 (180(accessed June 21, 2009) References {{reflist External links Synopsis and Text of the decision ...
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Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay. Although it was historically composed of four associate justices and one chief justice, the court is currently composed of six associate justices and one chief justice. History The Massachusetts Supreme Judicial Court traces its history back to the high court of the British Province of Massachusetts Bay, which was chartered in 1692. Under the terms of that charter, Governor Sir William Phips established the Superior Court of Judicature as the province's local court of last resort (some o ...
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Francis Dana
Francis Dana (June 13, 1743 – April 25, 1811) was an American Founding Father, lawyer, jurist, and statesman from Massachusetts. He served as a delegate to the Continental Congress in 1777–1778 and 1784. A signer of the Articles of Confederation, he was secretary to the diplomatic mission that negotiated the end of the American Revolution, and was appointed Minister to Russia. He later served as a member of the Supreme Judicial Court of Massachusetts and served as the chief justice for 15 years. Dana's wife Elizabeth was a daughter of Ann Remington and William Ellery, a signer of the Declaration of Independence. He was also the father-in-law of Washington Allston, a noted painter and poet. Biography Francis was born in Charlestown, Massachusetts, the son of lawyer Richard Dana. He was educated at Harvard where he graduated in 1762, then read law and was admitted to the bar, after which he built a successful legal practice in Boston. Being an opponent of the British ...
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Simeon Strong
Simeon Strong (1736–1805) was a justice of the Massachusetts Supreme Judicial Court. Biography Simeon Strong was the son of Nehemiah Strong and Hannah French. He was born in Amherst, Province of Massachusetts on March 6, 1736, and graduated from Yale College in 1756. He studied Christian theology and preached in various locations in Massachusetts. Strong then studied law and was sworn as an attorney in 1761. Strong became a well-known attorney and practiced in Amherst. He was selected as a representative to the General Court (1767-9), Massachusetts State Senate The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth (U.S. state), Commonwealth of Massachusetts. The Senate comprises 40 elected members from 40 single-member sen ... (1793) and justice of the Supreme Judicial Court of Massachusetts (1800–05). He married Sarah Wright on January 12, 1763 (1739/40-1783). Strong died on December 14, 180 ...
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Theodore Sedgwick
Theodore Sedgwick (May 9, 1746January 24, 1813) was an American attorney, politician, and jurist who served in elected state government and as a delegate to the Continental Congress, a U.S. representative, and a senator from Massachusetts. He served as President pro tempore of the United States Senate from June to December 1798. He also served as the fourth speaker of the United States House of Representatives. He was appointed to the Massachusetts Supreme Judicial Court in 1802 and served there for the rest of his life. Early life and education Born in West Hartford in the Connecticut Colony, Sedgwick was the son of Benjaman Sedgwick (1716–1755). His paternal immigrant ancestor Major General Robert Sedgwick arrived in 1636 in the Massachusetts Bay Colony, as part of the Great Migration. Sedgwick attended Yale College, where he studied theology and law. He did not graduate, but continued in his study of law ( to ''read law'') under the attorney Mark Hopkins of Great Barr ...
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Samuel Sewall (congressman)
Samuel Sewall (December 11, 1757 – June 8, 1814) was an American lawyer and congressman. He was born in Boston in the Province of Massachusetts Bay. Biography After attending Dummer Charity School (now The Governor's Academy), Sewall graduated from Harvard College (A.B. 1776, A.M. 1779, honorary LL.D. 1808) and set up practice as a lawyer in Marblehead. He served as a member of the state legislature in 1783, and from 1788-96. He represented Massachusetts in the U.S. House of Representatives from 1796 to 1800, and from 1800 to 1814 served as a judge of the Massachusetts Supreme Judicial Court, becoming chief justice in 1814. He died at Wiscasset in Massachusetts' District of Maine while holding a court there. He was elected a Fellow of the American Academy of Arts and Sciences in 1801. American novelist Louisa May Alcott was Sewall's great niece. His younger sister, Dorothy, was Alcott's great-grandmother. In 1781, he married Abigail Devereux; they had a family of at leas ...
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George Thacher
George Thacher (July 25, 1817 – December 27, 1878) was the fifth President of the University of Iowa, serving from 1871 to 1877. Thacher, son of Peter and Anne (Parks) Thacher, was born in Hartford, Conn., July 25, 1817. He was the brother of Yale Administrator & Professor of Latin Thomas Anthony Thacher He graduated from Yale College in 1840. He studied for three years in the Yale Divinity School, and began preaching in June, 1843, in the Congregational Church in Derby, Conn., where he was ordained pastor, Jan. 4, 1844. From this charge he was dismissed, Oct. 10, 1848, to accept a call to the Congregational Church in Nantucket, Mass., over which he was settled from Nov. 14, 1848, to May 14, 1850. He was then installed, May 26, 1850, over the Allen St. Presbyterian Church in New York City, of which he continued pastor until his resignation, Oct. 9, 1854. His succeeding pastorates were the 1st Congregational Church, Meriden, Conn. (Nov. 16, 1854-Sept. 18, 1860), and the ...
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Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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Promissory Note
A promissory note, sometimes referred to as a note payable, is a legal instrument (more particularly, a financing instrument and a debt instrument), in which one party (the ''maker'' or ''issuer'') promises in writing to pay a determinate sum of money to the other (the ''payee''), either at a fixed or determinable future time or on demand of the payee, under specific terms and conditions. Overview The terms of a note usually include the principal amount, the interest rate if any, the parties, the date, the terms of repayment (which could include interest) and the maturity date. Sometimes, provisions are included concerning the payee's rights in the event of a default, which may include foreclosure of the maker's assets. In foreclosures and contract breaches, promissory notes under CPLR 5001 allow creditors to recover prejudgement interest from the date interest is due until liability is established. For loans between individuals, writing and signing a promissory note are often ...
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Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for ...
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Deposition (law)
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination. History Depositions by written interrogatories first appeared around the mid-15th century as a procedure for discovery, factfinding, and evidence preservation in suits in equity in English courts. Available through HeinOnline. They differed radically from modern depositions in three ways: (1) the party seeking a witness's testimony merely propounded written interrogatories which were read out loud by a master or court-appointed commissioner to the witness in a closed proceeding without parties or counsel present; (2) the w ...
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Massachusetts State Case Law
Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York to the west. The state's capital and most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American history, academia, and the research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manufacturing center during the ...
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