Pierce v. Parker
Massachusetts Supreme Judicial Court
Indebitatus assumpsit for money paid, &c. The parties submitted the case to the court on a statement of facts, in substance as follows : In 1833, the plaintiffs indorsed certain promissory notes and bills of exchange for the accommodation of the defendant, to the amount of $17,500. Before any of those notes or bills, came to maturity, to wit, on the 23d of January 1834, the defendant having failed, an indenture was executed between him, and certain trustees, and his…
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Indebitatus assumpsit for money paid, &c. The parties submitted the case to the court on a statement of facts, in substance as follows : In 1833, the plaintiffs indorsed certain promissory notes and bills of exchange for the accommodation of the defendant, to the amount of $17,500. Before any of those notes or bills, came to maturity, to wit, on the 23d of January 1834, the defendant having failed, an indenture was executed between him, and certain trustees, and his creditors, in which it was recited that the defendant was “ indebted to the parties of the third part, in divers sums of money ;…
1Opinion of the CourtHubbard, J.
This is an action of assumpsit upon the common money counts, to support which the plaintiffs introduced sundry promissory notes, and bills of exchange.
The defence rests upon the release contained in an indenture made between the defendant of the first part, R. G. Shaw and others, his trustees, of the second part, and the plaintiffs and others of the third part. At the time of the making of this indenture, all the notes given in evidence in the case were outstanding, and in the hands of third persons; since which, by payments, in whole or in part, and by various compromises, they have come…
2Cases cited2 opinions
- Hall v. McLeodCourt of Appeals of Kentucky · 1859
- Cuyler v. CuylerNew York Supreme Court · 1807
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