Shaw v. Reed

— This case having been submitted to the decision of the Court upon a report of the testimony, it becomes necessary in the first place to determine, what the contract between the parties, is proved to have been.

The testimony shows, that an indictment was pending in the municipal court of the city of Boston, against Abraham Reed, a brother of the defendant, for obtaining goods from the plaintiffs by false pretences ; and that he had been arrested and imprisoned to await his trial. After a conversation between one of the plaintiffs and the defendant, in the preceding month of *106May, the…