Lawrason v. Mason
Supreme Court of the United States
Error to the Circuit Court for the district of Columbia. This was an action of assumpsit, brought by Mason against Lawrason, surviving partner of the firm of Lawrason & Smoot, upon the following note : *“ Alexandria, 28th November 1800. [*493 “ Mr. James McPherson, “ Dear Sir — We will become your security for one hundred and thirty barrels of corn, payable in twelve months.” (Signed) Lawrason & Smoot.”
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Error to the Circuit Court for the district of Columbia. This was an action of assumpsit, brought by Mason against Lawrason, surviving partner of the firm of Lawrason & Smoot, upon the following note : *“ Alexandria, 28th November 1800. [*493 “ Mr. James McPherson, “ Dear Sir — We will become your security for one hundred and thirty barrels of corn, payable in twelve months.” (Signed) Lawrason & Smoot.” The declaration contained several counts, laying the assumpsit in different forms, but the substance of each was, that the plaintiff, relying on, and placing confidence in, the promise of the…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court to the following effect: — This action is grounded upon a note in writing, which was certainly intended by the defendants to give a credit to McPherson. They are bound, by every principle of moral rectitude and good faith, to fulfil those expectations which they thus raised, and which induced the plaintiff to part with his property. The evidence was clear, that the credit was given upon the faith of the letter.
Unless, therefore, there is some plain and positive rule of law against it, the action ought to be supported. In the case cited from…
2Cited by1 opinion
- Lawrason v. MasonSupreme Court of the United States · 1806