Abbott v. Stevens
Massachusetts Supreme Judicial Court
Contract upon the following instrument signed by the defendant : “ Boston, April 7, 1871. $100. Borrowed and received of J. H. Abbott, Esq., one hundred dollars, which I promise to pay on demand.”
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Contract upon the following instrument signed by the defendant : “ Boston, April 7, 1871. $100. Borrowed and received of J. H. Abbott, Esq., one hundred dollars, which I promise to pay on demand.” The answer denied that the defendant was indebted to the plaintiff, and alleged that the plaintiff was indebted to him for $300 ; that at the time of the receipt of the $100, which was admitted, it was agreed that that sum should be credited as a payment towards certain work which the defendant was employed to perform for the plaintiff; that the said instrument was given as a receipt for that sum;…
1Opinion of the CourtColt, J.
In defence of this action the fact is relied on that in a previous action on an account annexed, brought by this defendant against this plaintiff, a credit on account of and to the full amount of the demand here sued was allowed to the plaintiff in the account annexed, and judgment rendered for the balance only. The record in that case shows that such a credit was given. The answer denied each allegation in the declaration. The verdict was a general verdict for the plaintiff in the usual form; and the amount of damages assessed plainly indicates that it was rendered for the balance claimed to…
2Cited by1 opinion
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