217 Mass. 571 | Mass. | 1914
This is an action upon a promissory note, signed by the defendant and delivered to the plaintiffs, which had been given in renewal of a previous note of the defendant upon the maturity of the latter, at which time the defendant made a partial payment thereon and gave the note sued on for the balance. The defendant contends that the note is without consideration. The case was tried without a jury by a judge of the Superior Court,
The evidence shows that the defendant’s employer, Wright, owed the plaintiffs an account for hay and grain furnished by them to Wright; that Wright gave them a note in part payment of the account; and that upon the maturity of the, note, Wright failing to pay it and the plaintiffs having refused to renew it, the defendant, at the request of the plaintiff Loring, gave to the plaintiffs his (the defendant’s) note for the amount due upon the note given by Wright. The defendant testified that when he delivered the first note to the plaintiff Loring,
Whether there was a valid consideration for the note was a question of fact for the trial judge to determine upon the evidence presented and the reasonable inferences to be drawn therefrom. This court has no power upon a bill of exceptions to revise or set aside a finding of the judge before whom the case was tried without a jury, although the bill of exceptions states all the evidence, provided there was any evidence to support the finding. Edmundson v. Bric, 136 Mass. 189. Bill v. Stewart, 156 Mass. 508. If the note upon which this action is brought was given in renewal of a previous note of the defendant which was without consideration, then it also is without consideration. Widger v. Baxter, 190 Mass. 130. Holden v. Cosgrove, 12 Gray, 216.
We discover no error of law in the refusal of the court to rule as requested by the plaintiffs. Accordingly the entry must be
Exceptions overruled.
McLaughlin, J.