Lyman v. Lyman
Massachusetts Supreme Judicial Court
This was an action of assumpsit upon a written promise of the defendants to deliver to the plaintiff, upon demand-, certain personal chattels, which he, as a deputy sheriff, had attached as the property of one Joseph D. Lyman, at the suit of William, Boardman. The action was tried upon the general issue, April term, 1813, before the present chief justice.
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This was an action of assumpsit upon a written promise of the defendants to deliver to the plaintiff, upon demand-, certain personal chattels, which he, as a deputy sheriff, had attached as the property of one Joseph D. Lyman, at the suit of William, Boardman. The action was tried upon the general issue, April term, 1813, before the present chief justice. It was in evidence that the plaintiff returned upon Boardman?s writ that he had attached the articles in question as the property of the debtor. The plaintiff went to the house of the said J. D. L. with the said writ, and the said J. D. L.…
1Opinion of the CourtParker, C. J.
The receipt and promise, upon which the present action is brought, constitute a lawful contract, and the plaintiff is entitled to judgment unless the objections made on behalf of the defendants ought to prevail.
*292The first objection is, that the property never was attached, and that therefore no consideration exists for the undertaking of the defendants ; and this objection results from the evidence that the goods ieturned as attached were not actually seized by the officer, although he was in the house of the debtor where the goods were kept at the time.
We cannot think that the debtor himself,…
2Cases cited1 opinion
- Almy v. WolcottMassachusetts Supreme Judicial Court · 1816
3Cited by20 opinions
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- Hundley v. FilbertSupreme Court of Missouri · 1880
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