Jacobs v. Benson
Supreme Judicial Court of Maine
This was an action of assumpsit before Howard, J., on an order of the following tenor : — “ West Minot, April 10, 1849. “Mr. W. B. Benson, please to pay Charles B. Jeques, or order, thirty-six dollars cash; charge the same to my account. “ James Meaney.” On the back were these words — “Accepted, July 16,1849. William B. Benson by Geo. Gregg.”
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This was an action of assumpsit before Howard, J., on an order of the following tenor : — “ West Minot, April 10, 1849. “Mr. W. B. Benson, please to pay Charles B. Jeques, or order, thirty-six dollars cash; charge the same to my account. “ James Meaney.” On the back were these words — “Accepted, July 16,1849. William B. Benson by Geo. Gregg.” The plaintiff, whose name is Charles V. Jacobs, alleged in his writ, that the order was made payable to him by name of Charles B. Jeques. The drawer was called, who testified to his signature, and that he drew the order on the defendant. Plaintiff…
1Opinion of the CourtShepley, C. J.
— Tbe suit is upon an order drawn by James Meaney, in favor of Charles B. Jeques, on the defendant, purporting to be accepted for him by Geo. Gregg. The declaration alleges, that the promise was made to the plaintiff by the name of Charles B. Jeques. The case is not one of variance between the contract described in the declaration, and the one produced in evidence, as in the case of Gordon v. Austin, 4 T. R. 611.
Parol testimony could not be received to vary the contract. It appears to have been offered to prove the .allegation contained in the declaration, that the order was drawn in favor of…
2Cited by2 opinions
- Tapley v. HermanMissouri Court of Appeals · 1902
- The Golden RodDistrict Court, D. Maine · 1912