310 Mass. 221 | Mass. | 1941
This is an action of contract to recover against the drawers of a check dated May 1, 1939, for the sum of $275 payable to Ross Beer Saving System, which was the name under which one Ross, the plaintiff’s son, conducted business. The jury returned a verdict for the defendants. The plaintiff excepted to the refusal of the judge to grant his motion for a directed verdict in his favor.
The defendants on or about March 17, 1939, but under the date of March 6, 1939, entered into a written conditional sales contract with Ross for the purchase and installation by Ross of certain equipment in their liquor store. This agreement required the payment of the first instalment of $275 on the purchase price to be made on May 1, 1939, and when the defendants executed this agreement they gave Ross the check, postdated as of May 1,1939, for this amount. Ross having failed to furnish and install the equipment, the defendants stopped payment on the check. An auditor to whom the case was referred found that there was a failure
The only contention that the plaintiff makes is that the record does not show that the answer to any interrogatory was admitted in evidence and his motion for a directed verdict should have been granted. He concedes that if the answer to this third interrogatory was introduced in evidence, then there was no error in submitting the case to the jury.
We think enough appears from the record by which a jury would be warranted in finding that he signed the answers to the interrogatories and that he answered that he became the holder of the check on May 1, 1939. There
Exceptions overruled.