Way v. Sperry
Massachusetts Supreme Judicial Court
This was an action of assumpsit, commenced on the 12tb of July, 1848, to recover the amount of three promissory notes, signed by the defendant, and indorsed by the several payees thereof to the plaintiff on the day of the commencement of the action.
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This was an action of assumpsit, commenced on the 12tb of July, 1848, to recover the amount of three promissory notes, signed by the defendant, and indorsed by the several payees thereof to the plaintiff on the day of the commencement of the action. These notes were described in the plaintiff’s bill of particulars, as follows : — “ One dated February 23d, 1836, for $18, payable to Ebenezer Watson, or order, in one year, with interest; one dated March 2d, 1838, for $7.36, payable to Ebenezer Watson and one Flanders, or order, on demand, with interest; and one dated March 14th, 1839, for…
1Opinion of the Court
The opinion of the court was delivered at the October term, 1851.
Metcalf, J.
The case of Bulger v. Roche, 11 Pick. 36, is a decisive answer to the defence set up by the defendant, under the statute of limitations, against the first note specified in the plaintiff’s bill of particulars; and the only other point to be decided is, whether the defendant’s discharge in bankruptcy is a defence to that and the two other notes in suit.
The plaintiff relies on a promise made to the payee of the notes, by the defendant, since his discharge. And it is well settled, that a distinct and unequivocal promise…
2Cases cited5 opinions
- Depuy v. SwartNew York Supreme Court · 1829
- Smith's heirs v. DixonCourt of Appeals of Kentucky · 1861
- Moore v. VieleNew York Supreme Court · 1830
- Waters v. WatersCourt of Appeals of Kentucky · 1859
- Walbridge v. HarroonSupreme Court of Vermont · 1846
3Cited by4 opinions
- Richards v. AppletMassachusetts Supreme Judicial Court · 1905
- Blair v. LaflinMassachusetts Supreme Judicial Court · 1879
- Sawyer v. Yale Iron WorksMassachusetts Supreme Judicial Court · 1875
- Graves v. HicksMassachusetts Supreme Judicial Court · 1907