Drinkwater v. Jordan
Supreme Judicial Court of Maine
On Agreed Statement. This was au action of Assumpsit, commenced by Eben Morrison, to recover the sum of $604,32, balance of account, alleged to be due from defendants. The death of plaintiff was suggested and A. E. Drinkwater, his administrator, came in to prosecute his suit.
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On Agreed Statement. This was au action of Assumpsit, commenced by Eben Morrison, to recover the sum of $604,32, balance of account, alleged to be due from defendants. The death of plaintiff was suggested and A. E. Drinkwater, his administrator, came in to prosecute his suit. Defendants offered the following receipt, which, it is admitted, was given prior to the making of the writ:— “Ellsworth, October 13, 1857. — Received of B. E. Austin three hundred and two dollars and sixteen cents, which I acknowledge in full satisfaction for one half the amount due me from B. E. Austin & J. R. Jordan,…
1Opinion of the Court
The opinion of the Court was drawn up by
May, J.
On the 13th of October, 1857, the defendants were indebted as partners to the plaintiff’s intestate in the sum of $604,32. On that day, the defendant Austin paid $302,16, and took the receipt which is now relied upon as a discharge of the whole debt. But the receipt, by its very terms, purports to ‘be a full satisfaction for only one-half of the debt. It does, however, contain a stipulation to release and discharge the said Austin from any further claim due to the intestate. It is apparent upon the face of the receipt, as well as admitted in the…
2Cases cited1 opinion
- Town of Plymouth v. Town of WindsorSupreme Court of Vermont · 1835