Scots Charitable Society v. Shaw
Massachusetts Supreme Judicial Court
The declaration was in assumpsit upon a promissory note made by James Gordon, the defendant’s intestate, dated November 29th, 1765, whereby the said James promised one John Erving, president of the Scots Charitable Society, then so called, one William Murray, treasurer of the same society, and one John Moffat, one of the managers thereof, to pay them or either of their orders, for the use of said society, the sum of 2347. Os. 4 1 -2d. of the late lawful money, &c.
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The declaration was in assumpsit upon a promissory note made by James Gordon, the defendant’s intestate, dated November 29th, 1765, whereby the said James promised one John Erving, president of the Scots Charitable Society, then so called, one William Murray, treasurer of the same society, and one John Moffat, one of the managers thereof, to pay them or either of their orders, for the use of said society, the sum of 2347. Os. 4 1 -2d. of the late lawful money, &c. The plaintiffs then aver that the said James Gordon died intestate before the 16th day of March, 1786; and that by an act of the…
1Opinion of the CourtSewall, J.
The statute, and the particular section of it relied on for the plaintiffs, are so particular in designating the circumstances, which according to the facts stated are descriptive of the note declared on, and the state of the demand, as to be conclusive in their favor, as to their interest in the note, and their authority to discharge it upon payment, unless the legislature are incompetent to establish a right of this description by a private statute. ■ And upon this point there would be some cause of doubt, if the statute changed, in any respect, the condition of the promiser in the note ;…
2Cited by3 opinions
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