Crocker v. Whitney
Massachusetts Supreme Judicial Court
The declaration was in case, and contained five several counts. In the first count, the plaintiffs allege “ that one Jsaac Head, on the 10th day of September, 1804, being indebted to the said Deborah, then sole, in the sum of 188 dollars 85 cents, gave her a promissory note for that sum, payable on demand with interest, which note is still unpaid ; that the said Head was then a seaman on board the ship Favorite, of which the defendant, Whitney, was supercargo,, bound on a…
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The declaration was in case, and contained five several counts. In the first count, the plaintiffs allege “ that one Jsaac Head, on the 10th day of September, 1804, being indebted to the said Deborah, then sole, in the sum of 188 dollars 85 cents, gave her a promissory note for that sum, payable on demand with interest, which note is still unpaid ; that the said Head was then a seaman on board the ship Favorite, of which the defendant, Whitney, was supercargo,, bound on a voyage from Nantucket to the East Indies and back to Nantucket; and that the defendant *at [*317] the same time, at the.…
1Opinion of the CourtJackson, J.
The declaration in this case is extremely imperfect m many particulars ; and notwithstanding the disposition of the Court to render judgment for the plaintiffs, after two verdicts in their favo? *318on the merits, still, if there be any material defect, not aided by the verdict, the judgment must be arrested.
If the only consideration be a supposed forbearance of the plaintiff to sue his debtor, on which ground it seemed to be placed in the argument, and on which the pleader who drew the declaration probably relied, it seems very clear that the action cannot be mainlained. Such a declaration…
2Cases cited4 opinions
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
- Bucklin v. WardSupreme Court of Vermont · 1835
- Barger v. CollinsCourt of Appeals of Maryland · 1826
- Hatch v. BrooksMassachusetts Supreme Judicial Court · 1807
3Cited by56 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- Abell v. Penn Mutual Life InsuranceWest Virginia Supreme Court · 1881
- Lewis' Adm'r v. GlennSupreme Court of Virginia · 1888
- Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
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