Stevens v. Gaylord
Massachusetts Supreme Judicial Court
This was an action of assumpsit upon several promissory notes, made by the defendant to David Tibbals, the plaintiff’s intestate. The declaration contained also counts for money had and received, and money laid out and expended. [*257] *The defendant, besides the general issue of non assumpsit, which was found for the plaintiff, pleaded two several pleas in bar.
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This was an action of assumpsit upon several promissory notes, made by the defendant to David Tibbals, the plaintiff’s intestate. The declaration contained also counts for money had and received, and money laid out and expended. [*257] *The defendant, besides the general issue of non assumpsit, which was found for the plaintiff, pleaded two several pleas in bar. The first plea in bar resulted in an issue to the country, whether the deceased, at the time of his death, had his residence in Norfolk, in the state of Connecticut; which issue was also found for the plaintiff. In the second plea in…
1Opinion of the Court
The opinion of the Court was delivered at this term by
Jackson, J.
The determination of this cause depends on the sufficiency of the defendant’s second plea in bar. In that plea, he admits, in effect, that he was indebted to the intestate, as alleged in the declaration, and that the plaintiff is administrator, duly appointed in this state, of the effects of the deceased; but he alleges, in his defence, that, before the plaintiff" was so appointed administrator, he, the defendant, and one Philemon Gaylord, who were both inhabitants and * residents in Connecti- [ * 263 ] :ut, were duly, and…
2Cases cited6 opinions
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
- Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
- Borden v. BordenMassachusetts Supreme Judicial Court · 1809
1 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- New Orleans v. WarnerSupreme Court of the United States · 1899
- United States Ex Rel. MacKey v. CoxeSupreme Court of the United States · 1856
- Green v. RugelyTexas Supreme Court · 1859
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
72 more not listed; retrieve them via the Exa API.