Jenkins v. Brewster
Massachusetts Supreme Judicial Court
This action of assumpsit was brought upon a written memorandum signed by the defendant, hereafter mentioned, for the sum of 842 dollars 88 cents. A trial was had upon the general issue, before Jackson, J., at the last May term in the county of Hampshire.
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This action of assumpsit was brought upon a written memorandum signed by the defendant, hereafter mentioned, for the sum of 842 dollars 88 cents. A trial was had upon the general issue, before Jackson, J., at the last May term in the county of Hampshire. The evidence was, that, on the 21st of June, 1814, by certain articles of agreement, of that date, made between the plaintiff and one Sidney P. Brewster, the son of the defendant, it was agreed that the plaintiff should build and finish a dye-house, of a certain description, on land of the said Sidney, near to his woollen manufactory, and…
1Per curiam
We have no doubts that, but for the peculiar cil cumstances of this case, an account might have been properly filed by the defendant under the statute; but, after the assignment of the contract, and notice thereof to the defendant, he could not, by any act of his, deprive the assignees of their rights under the assignment. It is true that the articles entered into between the parties on the 25th of April rendered the promise, on which this action is brought, of no validity as between those parties; but that transaction could not affect the assignees. The defendant may have his remedy on the…
2Cited by7 opinions
- Mowry v. ToddMassachusetts Supreme Judicial Court · 1815
- Andrews v. BeeckerNew York Supreme Court · 1800
- Dyer v. HomerMassachusetts Supreme Judicial Court · 1840
- Backus v. SpauldingMassachusetts Supreme Judicial Court · 1880
- Goodwin v. CunninghamMassachusetts Supreme Judicial Court · 1815
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