Fowler v. Shearer
Massachusetts Supreme Judicial Court
The declaration in this action, which was assumpsit, contained six counts. The first was on a promissory note, for 200 dollars, made by the defendant, payable to the plaintiff" on demand, and dated August 7th, 1805. The second was indebitatus assumpsit for depasturing cattle. The third was a similar count for the use and hire of a chaise. The fourth was a quantum meruit for the articles mentioned in the two preceding counts.
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The declaration in this action, which was assumpsit, contained six counts. The first was on a promissory note, for 200 dollars, made by the defendant, payable to the plaintiff" on demand, and dated August 7th, 1805. The second was indebitatus assumpsit for depasturing cattle. The third was a similar count for the use and hire of a chaise. The fourth was a quantum meruit for the articles mentioned in the two preceding counts. The fifth was indebitatus assumpsit for goods sold and delivered. And the sixth was a like count for money had and received. A trial was had upon the general issue, at…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
The first count is on a promissory note, dated August 7th, 1805, by which the defendant promised to pay to the plaintiff 200 dollars on demand. The defendant at the trial objected the want of a consideration. The judge was of opinion that a sufficient consideration was proved, and so instructed the jury, who found their verdict accordingly. To this direction the defendant excepted, and the validity of this exception is .now to be [ * 19 ] considered. *(Here the chief justice recapitulated the evidence from the report of the…
2Cases cited2 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Rowe v. SmithMassachusetts Supreme Judicial Court · 1820
3Cited by106 opinions
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
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