Pierce v. Kittredge
Massachusetts Supreme Judicial Court
Contract to recover on an alleged verbal acceptance by the defendant of an order drawn upon her and her husband. At the trial in the Superior Court, before Devens, J., a verdict was ordered for the defendant, and a bill of exceptions in substance as follows was allowed: It appeared in evidence that prior to the date of the order, the drawers thereof, McGinley & Sherman, had entered into a written agreement to find the materials and build a dwelling-house on land belonging to…
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Contract to recover on an alleged verbal acceptance by the defendant of an order drawn upon her and her husband. At the trial in the Superior Court, before Devens, J., a verdict was ordered for the defendant, and a bill of exceptions in substance as follows was allowed: It appeared in evidence that prior to the date of the order, the drawers thereof, McGinley & Sherman, had entered into a written agreement to find the materials and build a dwelling-house on land belonging to the defendant. The agreement was signed both by the defendant and her husband. The dwelling-house was built in…
1Opinion of the CourtAmes, J.
It is fully settled by a long course of decisions that, except where otherwise provided by statute, an oral acceptance of a bill of exchange will bind the acceptor. Lumley v. Palmer, 2 Stra. 1000. Powell v. Monnier, 1 Atk. 611. Clarke v. Cock, 4 East, 57. Fisher v. Beckwith, 19 Vt. 31. Barnet v. Smith, 10 Fost. 256. Ward v. Allen, 2 Met. 53. Exchange Bank v. Rice, 98 Mass. 288. 3 Kent Com. (12th ed.) 83-6, and cases cited. In some of these decisions the courts express their regret that such a rule should have been established, but they all agree that it is too late to change it.
The defendant,…
2Cases cited10 opinions
- Coolidge v. PaysonSupreme Court of the United States · 1817
- Grant v. EllicottNew York Supreme Court · 1831
- Brigham v. WeaverMassachusetts Supreme Judicial Court · 1850
- In re BabcockU.S. Circuit Court for the District of Massachusetts · 1844
- Bowen v. ConnerMassachusetts Supreme Judicial Court · 1850
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3Cited by6 opinions
- O'Connell v. Mount Holyoke CollegeMassachusetts Supreme Judicial Court · 1899
- Blake v. BlakeSupreme Judicial Court of Maine · 1874
- Dunavan v. FlynnMassachusetts Supreme Judicial Court · 1875
- Hall v. FlandersSupreme Judicial Court of Maine · 1891
- Putnam National Bank v. SnowMassachusetts Supreme Judicial Court · 1899
1 more not listed; retrieve them via the Exa API.