Bagley v. Francis
Massachusetts Supreme Judicial Court
Assumpsit on the following note of memorandum: “Boston, November 7, 1814. For value received I promise to pay Mr. Philip Bagley, or order, on demand, one hundred dollars, provided John Baptist does not render himself on board the private-armed schooner M’Donough, in the harbor of Boston, and proceed to sea, and perform his duty as a seaman on board said vessel. Peter Francis.”
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Assumpsit on the following note of memorandum: “Boston, November 7, 1814. For value received I promise to pay Mr. Philip Bagley, or order, on demand, one hundred dollars, provided John Baptist does not render himself on board the private-armed schooner M’Donough, in the harbor of Boston, and proceed to sea, and perform his duty as a seaman on board said vessel. Peter Francis.” The parties agreed that the said Baptist did render himself on board the said schooner M’Donough, and proceeded to sea in the same ; but left the said schooner in France, before the termination of her cruise. The…
1Opinion of the CourtParker, C. J.
The only point in this case is, what is the true construction of the condition upon the performance of which the defendant was to avoid his promise. The defendant contends that, as Baptist rendered himself on board the ship, and proceeded to sea, he did all which he stipulated for him; and that he should have been coerced to the performance of his duty by the discipline of the ship.
' But we think the engagement of the defendant was, that Baptist should so perform his duty during the cruise as to entitle himself to his share of the prize-money. Now, it appears that he deserted in France,…
2Cited by1 opinion
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