Jose v. Baker
Supreme Judicial Court of Maine
On Report from Nisi Prius, Wells, J., presiding. Assumpsit, for goods sold and delivered, amounting to •'§42,69, on May 16, 1851. The writ also contained the common counts and a specification, that under them, the plaintiffs Would, prove an order of this tenor “Mr. A. B. Baker, Please pay Messrs. Poor & Jose, $42,69',. in goods, and charge the same to my account. “ Peb. T, 1852, “ Josiah Baker.” Which order was accepted by A. B. Baker on the day of its date.
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On Report from Nisi Prius, Wells, J., presiding. Assumpsit, for goods sold and delivered, amounting to •'§42,69, on May 16, 1851. The writ also contained the common counts and a specification, that under them, the plaintiffs Would, prove an order of this tenor “Mr. A. B. Baker, Please pay Messrs. Poor & Jose, $42,69',. in goods, and charge the same to my account. “ Peb. T, 1852, “ Josiah Baker.” Which order was accepted by A. B. Baker on the day of its date. The sale and delivery of the goods were admitted, and under the common counts the plaintiff introduced the above order. It also…
1Opinion of the CourtShepley, C. J.
— Under what circumstances a note, bill of exchange, or order of a third person, received by a creditor from his debtor, will operate as payment, has been recently considered by the Superior Court in the city of New York. The law as there held, appears to be founded upon the authority of previously decided cases, and to commend itself to the judgment.
Such paper there never operates as a satisfaction of a *467precedent debt, “ even when a receipt is given by the creditor •acknowledging the bill or note to have been received by him as payment in fullunless it be expressly shown, that such at the…
2Cases cited1 opinion
- Noel v. MurrayThe Superior Court of New York City · 1852
3Cited by1 opinion
- Bantz v. BasnettWest Virginia Supreme Court · 1877