Brown v. Bull
Massachusetts Supreme Judicial Court
This was assumpsit, on a promissory note made by the defendant, for 1131 dollars, 31 cents, payable to Thomas Dwight, or his order, on demand, dated September 10, 1804, and endorsed to the plaintiff.
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This was assumpsit, on a promissory note made by the defendant, for 1131 dollars, 31 cents, payable to Thomas Dwight, or his order, on demand, dated September 10, 1804, and endorsed to the plaintiff. Upon the general issue pleaded and joined, the cause was tried before Sewall, J., at the December adjournment, 1805. At the trial the parties agreed to the making and endorsing of he note; and it was further agreed that the action should be considered as between the original promisee and the promisor. Thereupon the defendant, to show that the sum of 118 dollars, 25 cents, ought to be deducted…
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
It appears that the defendant had been employed by the promisee to sell tickets for him; that on an account stated by him, there appeared to be due the sum mentioned in the note, and that the note was given for that sum ; and it being agreed by the parties, that the defendant may have the same defence in this action, which he could have if the promisee were plaintiff, he offered to give in evidence that the account stated, according to which the note was given, made the balance too large, by 118 dollars, 25 cents, which sum ought to be…
2Cited by2 opinions
- Conto v. SilviaMassachusetts Supreme Judicial Court · 1898
- Tufts v. NewtonMassachusetts Supreme Judicial Court · 1876