Coolidge v. Inglee
Massachusetts Supreme Judicial Court
The declaration contained three counts in assumpsit. The first was on a promissory note, made on the 11th of September, 1812, by the defendant, for the sum of $ 1300, payable to the plaintiff in four months, with grace.
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The declaration contained three counts in assumpsit. The first was on a promissory note, made on the 11th of September, 1812, by the defendant, for the sum of $ 1300, payable to the plaintiff in four months, with grace. The second was on a note of the like tenor, with a condition therein, that the note should be void, if the ship Commodore Preble should be captured and condemned, or otherwise prevented by the British from pursuing a certain voyage, which she was then about to undertake ; with an averment, that she was not so captured, condemned, or prevented from pursuing her voyage. The…
1Opinion of the Court
The cause stood continued to this term for advisement; and low the opinion of the Court was delivered by
Jackson, J.
The first objection to the plaintiff’s right to recover the contents of the note in question is, that it was given upon an unlawful consideration. In support of this objection, it has been said, that all intercourse with an enemy is unlawful, and that the facts *34in this case show such an intercourse to have existed in relation to the subject of this contract.
This general proposition cannot be maintained, in the unlimited extent to which it has been carried in the argument for the…
2Cited by13 opinions
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- Snell v. DwightMassachusetts Supreme Judicial Court · 1876
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