Bills and Notes, Consideration. Husband and Wife. Practice, Civil, Rulings, Memorandum of decision.
In an action against a husband and wife jointly on a promissory note signed by both of them as makers, where it appears that the wife signed the note as a joint and several maker with full knowledge of its tenor and that the note was given for money lent by the plaintiff to the husband to be secured by a mortgage of the husband's real estate, a good consideration for the wife's promise is shown.
A judge before whom a case is tried without a jury properly may refuse to make a ruling correct in law if it is not applicable to the facts of the case as found by him on evidence warranting such findings.
If a judge, before whom an action at law has been tried without a jury and who has been asked to make certain rulings of law, takes the case under advisement and does not deal with the requests for rulings until some time later when he files a memorandum of decision with a finding against the party who made the requests, there is no error of law in this if the party whose requests for rulings have been refused is allowed to except to the refusal.
BRALEY, J.
The judge before whom this case was tried without a jury having been warranted in finding on the record, that the defendant Carrie M. Greenwood signed the promissory note in suit as a joint and several maker with full knowledge of its tenor and that the consideration therefor was money lent by the plaintiff to her husband to be secured by a mortgage on his real estate, properly refused all the defendants' requests. R. L. c. 153, § 2; c. 73, § 41. Harvey v. Squire, 217 Mass. 411, 414. Hooper v. Cuneo, 227 Mass. 37, 40.
Nor do we discover any error of law because the memorandum or decision of the judge was not communicated or announced to counsel until some time after the case had been reserved for consideration.
Exception overruled.